Whitehorn Construction, Inc.

• Court: Armed Services Board of Contract Appeals
• Decided: August 30, 2023
• Docket: 63606
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - ) ) Whitehorn Construction, Inc. ) ASBCA No. 63606 ) Under Contract No. N62473-16-C-3324 )

APPEARANCE FOR THE APPELLANT: Edward W. O’Connell, Jr., Esq. Lake Elsinore, CA

APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. Navy Chief Trial Attorney Katherine E. Arutunian, Esq. Trial Attorney San Diego, CA

OPINION BY ADMINISTRATIVE JUDGE THRASHER

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’ stipulation and agreement, that the appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $460,517. This amount is inclusive of interest. No further interest shall be paid.

Dated: August 30, 2023

JOHN J. THRASHER Administrative Judge Chairman Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur

RICHARD SHACKLEFORD OWEN C. WILSON Administrative Judge Administrative Judge Vice 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. 63606, Appeal of Whitehorn Construction, Inc., rendered in conformance with the Board’s Charter.

Dated: August 31, 2023

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