KiewitPhelps

• Court: Armed Services Board of Contract Appeals
• Decided: February 18, 2020
• Docket: ASBCA No. 62308
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- ) ) KiewitPhelps ) ASBCA No. 62308 ) Under Contract No. W9128F-12-C-0023 )

APPEARANCES FOR THE APPELLANT: Vivian Katsantonis, Esq. Christopher M. Harris, Esq. Watt, Tieder, Hoffar & Fitzgerald, L.L.P. McLean, VA

APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney Thomas J. Ingram, Esq. Engineer Trial Attorney U.S. Army Engineer District, Omaha

OPINION BY ADMINISTRATIVE JUDGE CLARKE

The Board's April 25, 2019 entitlement decision sustained KiewitPhelps' appeal and remanded the matter of quantum to the parties. Pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' stipulation and agreement, the quantum appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $5,972,267.45. Interest shall be paid on the base amount of the claim of$5,469,225.00 pursuant to 41 U.S.C. § 7109 from February 29, 2020 until date of payment.

Dated: February 18, 2020

Administrative Judge Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur _,,.. _, . /

RJCH~EFORJJ J. REID PROUTY 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 No. 62308, Appeal of KiewitPhelps, rendered in conformance with the Board's Charter.

Dated:

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

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