Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC ( 2021 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Barton Malow Enterprises Inc., as ) ASBCA No. 62187successor-in-interest to its wholly owned )
subsidiaries, including L.C. Gaskins )
Construction Co. Inc. and Barton Malow )
Builders LLC )
)
Under Contract No. N69450-09-C-5068 )
APPEARANCES FOR THE APPELLANT: Dirk D. Haire, Esq.
Joseph L. Cohen, Esq.
Fox Rothschild LLP
Washington, DC
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
Ellen M. Evans, Esq.
Trial Attorney
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 $950,000.
This amount is inclusive of Contract Disputes Act interest.
Dated: October 28, 2021
JOHN J. THRASHER
Administrative Judge
Chairman
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
OWEN C. WILSON J. REID PROUTY
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. 62187, Appeal of Barton
Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries,
including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC., rendered
in conformance with the Board’s Charter.
Dated: October 28, 2021
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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