_______________________________________________ DISMISSED WITHOUT PREJUDICE: October 31, 1996 _______________________________________________ GSBCA 13412 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 September 7, 1995, Carmon Construction, Inc. (Carmon) appealed the final decision of a General Services Administration (GSA) contracting officer denying Carmon's claim for additional costs/equitable adjustment under contract number GS-04P-94-CXC-0057 for renovation of interior space at the Paul G. Rogers Federal Building/Courthouse in West Palm Beach, Florida. On October 29, 1996, the parties filed a request to dismiss this appeal subject to Carmon receiving payment as set forth in the settlement agreement between the parties. The settlement agreement states, in pertinent part: . . . . 2. WHEREAS, on or about January 3, 1995, Carmon filed a claim for additional costs/equitable adjustment resulting from alleged improper drawing scale in the amount of $29,891.00; and 3. WHEREAS, GSA denied said claim by final decision dated June 8, 1995; 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. 13412; and 5. WHEREAS, the parties wish to amicably resolve and settle GSBCA docket no. 13412, 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 $21,989.00 as full and complete settlement of docket no. 13412 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 thirty (30) days after execution of the Settlement Agreement by all parties; and 4. THAT, the Appeal now pending before the GSBCA docketed as number 13412 shall be dismissed by Carmon; . . . . Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE. As provided in Rule 128(b), this case shall be deemed to have been dismissed with prejudice 180 calendar days from the date of this order. 61 Fed. Reg. 52,347 (1996) (to be codified at 48 CFR 6101). ______________________________ MARY ELLEN COSTER WILLIAMS Board Judge