Board of Contract Appeals
                 General Services Administration
                      Washington, D.C. 20405


              ______________________________________

                 GRANTED IN PART: January 5, 2005
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                           GSBCA 16341


                     THE SMITH & OBY COMPANY,
                                 
                                         Appellant,

                                v.

                 GENERAL SERVICES ADMINISTRATION,

                                         Respondent.

    Jeffrey R. Appelbaum, Daniel M. Haymond, and John D. Myer of Thompson Hine
LLP, Cleveland, OH, counsel for Appellant.

    Jeremy Becker-Welts, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.

Before Board Judges NEILL, PARKER, and HYATT.

NEILL, Board Judge.

    This case concerns a claim for equitable adjustment brought by the Smith & Oby
Company (Smith & Oby) in conjunction with work it performed for the General Services
Administration (GSA) under contract number GS-05P-99-GBC-0025.  The contract is for 
new construction of the United States Courthouse in Cleveland, Ohio.  The claim of Smith
& Oby is for $2,709,631 plus additional interest accruing from the date of claim submission. 

    Counsel for the parties have now filed with the Board a joint motion for entry of
judgment.  In this submission, counsel advise the Board that, to end this litigation, GSA has
agreed to pay, and Smith & Oby has agreed to accept, the sum of $550,000, inclusive of
statutory interest and attorney fees, as full settlement of the disputed items.  Both parties
represent and stipulate that they will not seek reconsideration of, or relief from, the Board's
decision and that they will not appeal the Board's decision.   

    Pursuant to the agreement of the parties and Board Rule 136(e) (48 CFR 6101.36(e)
(2003)), the Board adopts the parties' stipulation by decision.  This appeal is GRANTED IN
PART in the amount of $550,000.   
                                  
                                _____________________________
                                EDWIN B. NEILL
                                Board Judge


We concur: 

_____________________________   _____________________________
ROBERT W. PARKER                CATHERINE B. HYATT
Board Judge                       Board Judge