Atherton Construction, LLC

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Atherton Construction, LLC ) ASBCA No. 59505 ) Under Contract No. W912DW-04-C-0008 ) APPEARANCE FOR THE APPELLANT: Kevin A. Rosenfield, Esq.

Jackson Rosenfield LLP Seattle WA APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.

Engineer Chief Trial Attorney Francis X. Eugenio, Esq.

Assistant District Counsel U.S. Army Engineer District, Seattle OPINION BY ADMINISTRATIVE JUDGE SCOTT It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' Release and Settlement Agreement, that this appeal is sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the lump sum amount of $855,000.00 inclusive of interest. No further interest shall be paid.

Dated: 27 March 2015

aministrative Judge Armed Services Board of Contract Appeals I concur I concur

~~~-4« Administrative Judge RICHARD SHACKLEFORD 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 No. 59505, Appeal of Atherton Construction, LLC, rendered in conformance with the Board's Charter.

Dated:

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