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


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               GRANTED IN PART:  December 9, 2003
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                          GSBCA 16249
                                
                                
                      SWINERTON BUILDERS,

                                             Appellant,

                               v.
                                
                GENERAL SERVICES ADMINISTRATION,

                                             Respondent.

     Robert L. Leslie of McInerney & Dillon, Oakland, CA, counsel for Appellant.

     Margaret M. Haggerty, Office of Regional Counsel, General Services Administration,
San Francisco, CA, counsel for Respondent.

Before Board Judges  NEILL, and HYATT, and GOODMAN.

NEILL, Board Judge.

     This dispute concerns a claim of $20,907,112 for work performed by appellant,
Swinerton Builders (Swinerton), for the General Services Administration under contract
number GS-09P-97-KTC-0008.  Swinerton has appealed from a deemed denial of its claim. 
From the time this case was docketed, counsel have been actively engaged in settlement
discussions.  They have now filed a joint motion for stipulated judgment in accordance  with
the following terms:  

     The General Services Administration will pay Swinerton Builders the sum of
     $8.8 million dollars together with interest (pursuant to the Contract Disputes
     Act, 41 U.S.C.    601-613) on that sum from March 22, 2003 until paid.  This
     amount is inclusive of any other interest, fees and costs.  

Both parties also represent and stipulate that neither party will seek reconsideration of, or
relief from, this decision and that neither party will appeal the decision. 

     Pursuant to the agreement of the parties and Rule 136(e), the Board adopts the parties'
stipulation by decision.  This appeal is GRANTED IN PART in the amount of $8,800,000,
inclusive of any other interest, fees and costs.  This award is to be paid from the permanent
indefinite judgment fund, 31 U.S.C.   1304 (2000).  


                                   _____________________________
                                   EDWIN B. NEILL
                                   Board Judge

We concur: 

_____________________________           _____________________________
ALLAN GOODMAN                 CATHERINE B. HYATT
Board Judge                             Board Judge