_____________________________________________ DISMISSED WITHOUT PREJUDICE: June 12, 1995 _____________________________________________ GSBCA 13081 CARMON CONSTRUCTION, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Carmon Smith, President of Carmon Construction, Inc., Albertville, AL, appearing for Appellant. A. R. Dattolo, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent. WILLIAMS, Board Judge. ORDER On November 17, 1994, Carmon Construction, Inc. (Carmon) appealed the final decision of a General Services Administration (GSA) contracting officer denying Carmon's request for additional compensation for time extensions under contract number GS-04P-93-CXC-0005 for interior renovation of the McCoy Federal Building in Jackson, Mississippi. On June 5, 1995, the parties filed a joint motion to dismiss this appeal without prejudice subject to Carmon receiving payment as set forth in the settlement agreement. The settlement agreement stated, in pertinent part: 1. WHEREAS, on or about April 8, 1993, GSA awarded Contract No. GS-04P-93-CXC-0005 (hereinafter "the Contract") for renovation of interior space at the McCoy Federal Building, Jackson, Mississippi; and 2. WHEREAS, on or about March 31, 1994, Carmon filed a claim for additional costs/equitable adjustment resulting from approximately 24 change orders in the amount of $68,430.00 as amended; and 3. WHEREAS, GSA denied said claim by final decision dated October 28, 1994; and 4. WHEREAS, Carmon appealed GSA's final decision to the General Services Administration Board of Contract Appeals (GSBCA), which appeal was docketed as No. 13081; and 5. WHEREAS, the parties wish to amicably resolve and settle GSBCA docket no. 13081, and any and all existing and/or potential claims (including but not limited to demands, causes of action, appeals, suits, debts, charges, interest, attorney fees, damages and/or liabilities) arising under or related to the Contract NOW, THEREFORE, in consideration of the foregoing, GSA and Carmon agree as follows: 1. THAT, the propositions hereinabove set forth are ratified, confirmed, adopted and incorporated as if specifically set forth herein; and 2. THAT GSA agrees to pay to Carmon a total sum of $52,500.00 as full and complete settlement of docket no. 13081 and all claims arising under the Contract; and 3. THAT, interest will accrue on said amount in accordance with the Contracts Dispute Act if said amount is not paid within sixty (60) days after execution of this Settlement Agreement by all parties; and 4. THAT, the Appeal now pending before the GSBCA docketed as number 13081 shall be dismissed by Carmon; and 5. THAT, each party forever discharges, remises, and releases the other party, its agents, servants, employees, officials, subcontractors, suppliers, successors and assigns of and from all claims, demands, actions, suits, debts, charges, causes of action, and claims of liability of any character, type, or description that any party may have against the other arising from or relating to the Contract, and/or performance thereon, and/or arising under the provisions of the contract of law, including the payment of attorney's fees under the Equal Access to Justice Act (EAJA, P.L. 99-80); and 6. THAT, as between the parties hereto, and as between either party hereto and any other person, firm, corporation, or other entity, nothing contained in this Settlement Agreement shall be construed as an admission of liability or fact or as an admission against interest by either party hereto; and 7. THAT, nothing expressed or implied herein is intended or shall be construed to confer upon or give any person, firm, corporation, or other entity, other than the parties herein, any right, remedy, or claim against any party hereto under or by reason of this Settlement Agreement or of any terms, covenants, promises, or agreements contained herein, which shall be for the sole exclusive benefit of the parties hereto, their successors and assigns; and 8. THAT, both parties have had adequate time to reflect upon, consider, and consult with legal counsel concerning the terms of the Settlement Agreement voluntarily and free from improper influence or duress; and 9. THAT, in construing this Settlement Agreement, no inference premised upon the origin of any language used herein shall be drawn; and 10. THAT, the Settlement Agreement shall be binding upon the parties, their successors and assigns. Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE. As provided in Rule 28(b), this case shall be deemed to have been dismissed with prejudice 180 calendar days from the date of this order. 48 CFR 6101 (1994), as amended by 60 Fed. Reg. 17023 (1995). ______________________________ MARY ELLEN COSTER WILLIAMS Board Judge