Nationview/Bhate JV III, LLC

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeals of -- ) ) Nationview/Bhate JV III, LLC ) ASBCA Nos. 59770, 59908 ) Under Contract No. W91278-10-C-0070 )

APPEARANCES FOR THE APPELLANT: E. Mabry Rogers, Esq. Luke D. Martin, Esq. Carly E. Miller, Esq. Bradley Arant Boult Cummings LLP Birmingham, AL

APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq. Engineer Chief Trial Attorney Ronald J. Goodeyon, Esq. Lauren M. Williams, Esq. U.S. Army Engineer District, Tulsa

OPINION BY ADMINISTRATIVE JUDGE TING

Pursuant to a mediation conducted by the Board, the parties have settled the appeals. The parties have entered into a settlement agreement and have jointly requested that the Board enter judgment in the above-referenced appeals.

It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' stipulation and agreement, that the appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $1,509,627.50 inclusive of interest(~ 2.a of settlement agreement). The Corps of Engineers will pay Nationview/Bhate JV III, LLC $25,372.50 in retainage. The Corps of Engineers will submit the balance amount of $1,509,627.50 for payment from the Judgment Fund. No interest shall be paid on this amount.

Dated: 27 August 2015 .., tS Administrative Judge Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur

a/ l#.= / ~ntt-- RICHARD SHACKLEFORD 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. 59770, 59908, Appeals of Nationview/Bhate JV III, LLC, rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals