Hensel Phelps Construction Company

• Court: Armed Services Board of Contract Appeals
• Decided: September 23, 2021
• Docket: ASBCA No. 62297, 62595, 62762
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeals of - ) ) Hensel Phelps Construction Company ) ASBCA Nos. 62297, 62595, 62762 ) Under Contract No. NNK14EA64C )

APPEARANCES FOR THE APPELLANT: Michael R. Candes, Esq. Austin D. Thacker, Esq. Holland & Knight LLP Orlando, FL

APPEARANCES FOR THE GOVERNMENT: Scott W. Barber, Esq. NASA Chief Trial Attorney Thomas M. Browder, III, Esq. Tracy Lee Belford, Esq. Heather J. Akram, Esq. Marshall D. McKellar, Esq. Samantha R. Cochran, Esq. Charles Alexander Vinson, Esq. Trial Attorneys Kennedy Space Center, FL

OPINION BY ADMINISTRATIVE JUDGE O’CONNELL

The parties have resolved their dispute and request that the Board enter judgment in favor of appellant.

It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties’ settlement agreement and release, that these appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $16,307,240.26. This amount is inclusive of Contract Disputes Act interest. No further interest shall be paid.

Dated: September 23, 2021

MICHAEL N. O’CONNELL Administrative Judge Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur

RICHARD SHACKLEFORD OWEN C. WILSON Administrative Judge Administrative Judge Acting Chairman Vice Chairman Armed Services Board Armed Services Board of Contract Appeals of Contract Appeals

I certify that the foregoing is a true copy of the Opinion and Decision of the Armed Services Board of Contract Appeals in ASBCA Nos. 62297, 62595, 62762, Appeal of Hensel Phelps Construction Company, rendered in conformance with the Board’s Charter.

PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals