NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

TUG HILL CONSTRUCTION, INC., Appellant

v.

JOHN M. MCHUGH, SECRETARY OF THE ARMY, Appellee ______________________

2015-1320 ______________________

Appeal from the Armed Services Board of Contract Appeals in No. 57825, Administrative Judge Timothy Paul McIlmail. ______________________

JUDGMENT ______________________

BRIAN RAYMOND DUGDALE, Varela, Lee, Metz & Gua- rino, LLP, Tysons Corner, VA, argued for appellant. Also represented by RAE DEANNA MUELLER.

PETER ANTHONY GWYNNE, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellee. Also repre- sented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., STEVEN J. GILLINGHAM; DAWN-CAROLE HARRIS, CINDY E. SHIMOKUSU, CHARLES L. WEBSTER III, United States Army Corps of Engineers, Fort Worth, TX. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (PROST, Chief Judge, REYNA, Circuit Judge, and STARK, Chief District Judge). ∗ AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 13, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court

∗ Honorable Leonard P. Stark, Chief District Judge, United States District Court for the District of Delaware, sitting by designation.