__________________________________________ DISMISSED WITH PREJUDICE: August 13, 1992 __________________________________________ GSBCA 11021-REIN BLAKE CONSTRUCTION CO., INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Sheldon I. Matzkin of Wachtel, Ross & Matzkin, Chevy Chase, MD, counsel for Appellant. Marie Adamson and Kathleen McCartney, Real Property Division, Office of General Counsel, Washington, DC, counsel for Respondent. VERGILIO, Board Judge. ORDER On December 19, 1990, the Board received from Blake Construction Co., Inc. a notice of appeal. Contractor had sought from the contracting officer a change increasing the contract price by $176,984 for topsoil and backfill material revisions. The contracting officer issued a unilateral change order, taking a $7,396 deduction in the contract price, and stating that the "claim" for $176,984 had not been certified, such that no decision was rendered regarding it. At the joint request of the parties, that appeal was dismissed without prejudice on September 9, 1991, to become one with prejudice on December 9, 1991, unless prior to that date contractor requested reinstatement of the appeal. An extension of time for the dismissal to convert to one with prejudice was granted to March 31, 1992, and then to May 29, 1992, because the parties were unable to resolve the dispute. Finally, on June 1, 1992, the present appeal was reinstated at contractor's request. On July 28, 1992, the Board received a rescission of the contracting officer decision on which the claim was based. On August 6, 1992, contractor withdrew the appeal with prejudice as the dispute was resolved. The appeal is dismissed with prejudice. Rule 28(a). _________________________ JOSEPH A. VERGILIO Board Judge