KiewitPhelps

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of - ) ) KiewitPhelps ) ASBCA Nos. 61184, 62119 ) 62980, 64137 ) Under Contract No. W9128F-12-C-0023 ) APPEARANCES FOR THE APPELLANT: Vivian Katsantonis, Esq. Christopher M. Harris, Esq. John F. Finnegan, III, Esq. Watt, Tieder, Hoffar & Fitzgerald, LLP McLean, VA Michael A. Branca, Esq. Peckar & Abramson, P.C. Washington, DC APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney James M. Pakiz, Esq. James J. Irvine, Esq. Jacob W. Harberg, Esq. Brett R. Howard, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Omaha OPINION BY ADMINISTRATIVE JUDGE EYESTER The parties have resolved their disputes 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 appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $124,500,000. If the respondent fails to submit the Judgement Fund Forms to the Department of the Treasury within 45 days of the date of this opinion, interest shall be paid on the principal amount pursuant to 41 U.S.C. § 7109 starting on the 46th day until the date respondent submits the Judgment Fund Forms. Dated: September 1, 2026 LAURA EYESTER Administrative Judge Armed Services Board of Contract Appeals I concur I concur J. REID PROUTY MICHAEL N. O’CONNELL Administrative Judge Administrative Judge Acting Chairman Vice Chairman Armed Services Board Armed Services Board of Contract Appeals 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. 61184, 62119, 62980, 64137, Appeals of KiewitPhelps, rendered in conformance with the Board’s Charter. Dated: September 1, 2026 PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals 2