ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeals of - )  
 )  
Shimmick Construction Company, Inc. ) ASBCA Nos. 63114, 63662 
 )   
Under Contract No. W912P5-17-C-0007 )  
    
APPEARANCES FOR THE APPELLANT: Giovanni M. Ruscitti, Esq. 
Benjamin F. Silfen, Esq. 
John P. Storti, Esq. 
Larry Myers, Esq. 
  Berg Hill Greenleaf Ruscitti LLP 
  Boulder, CO 
 
R. Dale Holmes, Esq. 
Michael H. Payne, Esq. 
  Cohen Seglias Pallas Greenhall & Furman, 
P.C. 
  Philadelphia, PA 
 
John P. Carpenter, Esq. 
  Counsel 
 
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. 
    Engineer Chief Trial Attorney 
 Bonnie B. Jagoditz, Esq. 
Thomas M. Taff, Jr., Esq. 
  Engineer Trial Attorneys 
  U.S. Army Engineer District, Nashville 
 
Brett R. Howard, Esq. 
  Engineer Trial Attorney 
  U.S. Army Engineer District, Louisville 
 
James J. Irvine, Esq. 
  Engineer Trial Attorney 
  U.S. Army Engineer District, Omaha 
 
Cara M. Mroczek, Esq. 
  Engineer Trial Attorney 
  U.S. Army Engineer District, Middle East 
  Winchester, VA  

2 
 
ORDER OF DISMISSAL 
 
The dispute has been settled.  The appeals are dismissed with prejudice. 
 
Dated:  September 17, 2024 
 
 
 
 
 
 
 
 
 
 
I certify that the foregoing is a true copy of the Order of Dismissal of the 
Armed Services Board of Contract Appeals in ASBCA Nos. 63114, 63662,
 Appeals of 
Shimmick Construction Company, Inc., rendered in conformance with the Board’s 
Charter. 
 
 Dated:  September 17, 2024 
 
 
 
 
JAMES R. SWEET 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals