ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeals of -- ) 
) 
GSC Construction, Inc. ) 
) 
Under Contract No. W9126G-11-D-0061 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA Nos. 59402, 59601 
Karl Dix, Jr., Esq. 
Douglas L. Tabeling, Esq. 
Lochlin B. Samples, Esq. 
Smith, Currie & Hancock LLP 
Atlanta, GA 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Stephanie R. Darr, Esq. 
Keith J. Klein, Esq. 
Alexandria P. Tramel, Esq. 
Lauren M. Williams, Esq. 
Engineer Trial Attorneys 
U.S. Army Engineer District, Tulsa 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON APPELLANT'S 
MOTION FOR SUMMARY JUDGMENT 
Appellant moves for summary judgment that it is entitled to time extensions 
because, it contends, the government constructively changed the contract referenced 
above by requiring that appellant construct "building pads" for the warehouses that 
appellant agreed to design and 
build pursuant to Task Order DSOl of the contract (app. 
mot. at 1). The motion is denied. Summary judgment shall be granted ifthe movant 
shows that there is no genuine dispute as to any material fact and the movant is entitled 
to judgment as a matter oflaw. Avant Assessment, LLC, ASBCA No. 58867, 15-1 
BCA ~ 36,067 at 176, 129 (citing FED. R. CIV. P. 56(a)). 
At this stage, the Board is not persuaded that appellant has met that burden, for 
at least one reason. The government contends that the building pads constitute 
"specific site preparation required to accommodate the foundation design prepared or 
proposed by [appellant]," making appellant responsible for that work pursuant to 
section 6.3.1. l(e) of the statement of work (R4, tab 30 at 66; resp. at 2). Although 
appellant denies this (reply at 28), the Board does not find that the record yet 
demonstrates which party is correct. The Board expects that answering that question 

will require further development of the record, presumably during a hearing on the 
merits. Appellant's motion for summary judgment is denied. 
Dated: 7 June 2016 
I concur 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
~c~ 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
RICHARD SHACKLEFORD 
Administrative Judge 
Vice Chairman 
Armed Services Board 
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. 59402, 59601, Appeals of 
GSC Construction, Inc., rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals