GRANTED IN PART: October 27, 2008
CBCA 1005
BIRD CONSTRUCTION (USA), INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Michael D. Strong of Lathrop & Gage, L.C., Kansas City, MO, counsel for Appellant. Robert M. Notigan, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), GILMORE, and BORWICK.
GILMORE, Board Judge.
On or about June 9, 2002, a contract was awarded to Bird Construction (USA), Inc.
(Bird) by the General Services Administration (GSA) for the construction of a new United States Border Station International Bridge Plaza in Sault Sainte Marie, Michigan. On September 25, 2007, the GSA contracting officer rejected Bird’s request for reimbursement of costs stemming from changes to the canopy work performed by its subcontractor, Birdair, Inc. On December 20, 2007, an appeal was filed with the Board under the Contract Disputes Act of 1978, 41 U.S.C.A. §§ 601-613 (West Supp. 2008).
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2 CBCA 1005
Bird and GSA have now filed a joint motion for a stipulated judgment. The parties request that judgment in the amount of $60,000, inclusive of all interest, be entered in favor of appellant, Bird. The parties stipulated that they shall not seek review or reconsideration of the judgment. With respect to the decision, the parties waive their rights to reconsideration, to relief from judgment, and to appeal the decision.
Decision
The appeal is GRANTED IN PART. The Board awards the sum of $60,000, inclusive of all interest, to Bird Construction (USA), Inc. Payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2000).
BERYL S. GILMORE
Board Judge
We concur:
STEPHEN M. DANIELS
Board Judge
ANTHONY S. BORWICK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Bird Construction (USA), Inc., CBCA 1005. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.