ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeals of -- ) 
) 
American International Contractors, Inc. ) 
) 
Under Contract No. W912ER-14-C-0002 ) 
APPEARANCES FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA Nos. 60948, 61166 
Scott M. Heimberg, Esq. 
Mark J. Groff, Esq. 
Akin Gump Strauss Hauer & Feld LLP 
Washington, DC 
Michael P. Goodman, Esq. 
Engineer Chief Trial Attorney 
Rebecca L. Bockmann, Esq. 
Sarah L. Hinkle, Esq. 
Engineer Trial Attorneys 
U.S. Army Engineer District, Middle East 
Winchester, VA 
OPINION BY ADMINISTRATIVE JUDGE O'CONNELL 
On May 29, 2018, the Board denied appellant's motion for summary judgment 
and granted the government's cross-motion for summary judgment except with respect 
to: 1) the liquidated damages withheld from May 19-28, 2015, for which we found 
there was a material dispute of fact as to whether appellant had completed the work: 
and 2) the correct calculation of liquidated damages that should be released to 
appellant based on the contracting officer's final decision. On October 29, 2018, the 
Board denied appellant's motion for reconsideration. 
Appellant advised the Board by letter dated November 8, 2018, that it "no 
longer disputed the amount of liquidated damages withheld by the government as 
calculated in the Contracting Officer's final decision, including the amounts held from 
May 19-28, 2015, but only the government's right to withhold those damages." The 
Board had resolved this latter issue in its opinion on the cross-motions for summary 
judgment. Thus, appellant requested "that the Board enter final judgment in the 
government's favor on the entire case, as there are no remaining open issues in this 
matter" so that it can exercise its appellate rights. The government informed the Board 

by letter dated November 21, 2018, that it has no objection to appellant withdrawing 
the unresolved portion of the appeals. 
Accordingly, these appeals are denied. 
Dated: December 4, 2018 
I concur 
RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
'1~1.J4)1J.c·G~~ 
MICHAEL N:-O'CONNELL 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
OWEN C. WILSON 
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. 60948, 61166, Appeals of 
American International Contractors, Inc., rendered in conformance with the Board's 
Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals 
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