NASDI LLc v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV)

Filing 120

STIPULATED JUDGMENT AND ORDER: THEREFORE, on the joint motion of NASDI and SKK, it is hereby ORDERED, ADJUDGED AND DECREED as follows. 1. This Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C § 1332. 2. Venue in this matter is proper in the Southern District of New York. 3. SKK's first counterclaim alleges that SKK incurred additional and increased costs of construction by reason of NASDI's breach of contract. SKK's second c ounterclaim is for contractual indemnification for damages caused by NASDI and for SKK's reasonable attorneys' fees and costs. 4. NASDI agrees that Two Million Three Hundred and Fifty Thousand Dollars ($2,350,000.00) is the fair a nd reasonable compromise of SKK's alleged damages on its first and second counterclaims, inclusive of attorneys' fees and costs and interest through the date of this Order. 5. NASDI retains the right to appeal the Order of this Cou rt dated September 28, 2020, and the Order of this Court dated November 15, 2022, to the extent allowed by applicable law, and retains the right to appeal this Judgment to the extent it is based on the aforementioned order. 6. NASDI has agre ed to this Stipulated Judgment and Order freely and without coercion. 7. The parties acknowledge that they have read the provisions of this Stipulated Judgment and Order and are prepared to abide by them. IT IS ORDERED ADJUDGED AND DEC REED that judgment in the amount of $2,350,000 is hereby entered against NASDI and in favor of Skanska Koch Inc. - Kiewit Infrastructure Co., a Joint Venture. IT IS FURTHER ORDERED that each party shall bear its own costs and attorneys ' fees incurred in connection with this action through the date of this Stipulated Judgment and Order. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for the purpose of enabling the parties to apply to t he Court at any time for such further orders and directives as may be necessary or appropriate for the interpretation or modification of this Order, or for the enforcement of compliance therewith. The parties, by their respective counsel, here by consent to entry of the foregoing Order which shall constitute a final judgment and order in this matter. So ordered. NASDI LLC and Skanska Koch Inc. Kiewit Infrastructure Co. (JV) terminated. (Signed by Judge Denise L. Cote on 3/10/2023) (vfr)