Nationview/Bhate JV III, LLC ( 2015 )

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
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