ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeal of - )  
 )  
Barton Malow Enterprises Inc., as  
  successor-in-interest to its wholly owned  
  subsidiaries, including L.C. Gaskins  
  Construction Co. Inc. and Barton Malow  
  Builders LLC 
) 
) 
) 
) 
) 
ASBCA No. 62187 
 )   
Under Contract No. N69450-09-C-5068 )  
    
APPEARANCES FOR THE APPELLANT: Dirk D. Haire, Esq. 
Joseph L. Cohen, Esq. 
    Fox Rothschild LLP 
  Washington, DC 
 
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. 
  Navy Chief Trial Attorney 
  Ellen M. Evans, Esq. 
  Trial Attorney 
 
OPINION BY ADMINISTRATIVE JUDGE THRASHER 
 
 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’ 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 $950,000.  
This amount is inclusive of Contract Disputes Act interest.   
 
 Dated:  October 28, 2021 
 
 
 
 
 
 
 
 
 
JOHN J. THRASHER 
Administrative Judge 
Chairman 
Armed Services Board 
of Contract Appeals 
(Signatures continued) 


2 
 
I concur 
 
OWEN C. WILSON 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 J. REID PROUTY 
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 No. 62187, Appeal of Barton 
Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, 
including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC., rendered 
in conformance with the Board’s Charter. 
 
Dated:  October 28, 2021  
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals