ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
Atherton Construction, LLC ) 
) 
Under Contract No. W912DW-04-C-0008 ) 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59505 
Kevin A. Rosenfield, Esq. 
Jackson Rosenfield LLP 
Seattle WA 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Francis X. Eugenio, Esq. 
Assistant District Counsel 
U.S. Army Engineer District, Seattle 
OPINION BY ADMINISTRATIVE JUDGE SCOTT 
It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the 
parties' Release and Settlement Agreement, that this appeal is sustained. In the nature 
of a consent judgment, the Board makes a monetary award to appellant in the lump 
sum amount of $855,000.00 inclusive of interest. No further interest shall be paid. 
Dated: 27 March 2015 
I concur 
~~~-4« 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
aministrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
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 No. 59505, Appeal of Atherton 
Construction, LLC, rendered in conformance with the Board's Charter. 
Dated: 
2 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals