Hensel Phelps Construction Company ( 2021 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of - )
)
Hensel Phelps Construction Company ) ASBCA Nos. 62297, 62595, 62762
)
Under Contract No. NNK14EA64C )
APPEARANCES FOR THE APPELLANT: Michael R. Candes, Esq.
Austin D. Thacker, Esq.
Holland & Knight LLP
Orlando, FL
APPEARANCES FOR THE GOVERNMENT: Scott W. Barber, Esq.
NASA Chief Trial Attorney
Thomas M. Browder, III, Esq.
Tracy Lee Belford, Esq.
Heather J. Akram, Esq.
Marshall D. McKellar, Esq.
Samantha R. Cochran, Esq.
Charles Alexander Vinson, Esq.
Trial Attorneys
Kennedy Space Center, FL
OPINION BY ADMINISTRATIVE JUDGE O’CONNELL
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’ settlement agreement and release, that these appeals are sustained. In the nature of
a consent judgment, the Board makes a monetary award to appellant in the amount of
$16,307,240.26. This amount is inclusive of Contract Disputes Act interest. No further
interest shall be paid.
Dated: September 23, 2021
MICHAEL N. O’CONNELL
Administrative Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
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. 62297, 62595, 62762,
Appeal of Hensel Phelps Construction Company, rendered in conformance with the
Board’s Charter.
Dated: September 23, 2021
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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