ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
Trade West Construction, Inc. ) 
) 
Under Contract No. W9128A-12-C-0026 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59488 
Karl Dix, Jr., Esq. 
Jonathan 
R. Mayo, Esq. 
Smith, Currie & Hancock LLP 
Atlanta, GA 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Robyn U. Au, Esq. 
Jonathan A. Swanson, Esq. 
Engineer Trial Attorneys 
U.S. Army Engineer District, 
Honolulu 
OPINION BY ADMINISTRATIVE JUDGE PEACOCK 
The Board issued an Opinion in this appeal on 19 February 2015. By letter 
dated 12 March 2015, the parties notified the Board that they wish to apply for 
payment from the Judgment Fund of a lesser amount than originally anticipated. 
Accordingly, the Board hereby vacates its 19 February 2015 Opinion and issues this 
Opinion in its place. 
Pursuant to a mediation conducted by the Board, the parties have settled the 
appeal. The parties have entered into a settlement agreement and have jointly 
requested that the Board enter judgment in the above-referenced appeal. 
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 
$1,225,000.00. The Corps of Engineers has paid $400,000.00 to Trade West 
Construction, Inc., and will pay an additional $300,000.00 by 31March2015. 

The remaining balance ($525,000.00) will be submitted for payment from the 
Judgment Fund. This amount is inclusive of interest. No further interest shall be paid. 
Dated: 16 March 2015 
I concur 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
~~··-RI-CHA--RD-S_H_A_C_K-LE_F_O_RD ___ _ 
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 No. 59488, Appeal of Trade 
West Construction, Inc., rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals