GRANTED IN PART: March 23, 2007
CBCA 103
DuRETTE CONSTRUCTION CO., INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Alan I. Saltman of Saltman & Stevens, Washington, DC, counsel for Appellant.
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.
James J. Ustasiewski, Office of the General Counsel, Department of Agriculture, Juneau, AK, counsel for Respondent.
Before Board Judges POLLACK, DeGRAFF, and McCANN.
POLLACK, Board Judge.
This appeal involves a claim for termination for convenience costs of $1,147,019 (less $108,218 allowed by the contracting officer), as well as an additional $6501.68 claimed for settlement expenses. The partial termination for convenience was on the Orion North Roads Contract, number 50-0109-4-0050, between the United States Department of Agriculture, Forest Service (FS), Alaska Region, and DuRette Construction Co., Inc., of Ward Cove, Alaska. The contract called for the design, construction, and reconstruction of approximately forty kilometers of road in the Tongass National Forest, in Southeast Alaska. ___________________________
__________________________ ___________________________
2 CBCA 103
The parties have asked the Board to enter a stipulated award. The parties have provided the Board with a signed Stipulation and Request For Decision Granting the Appeal. The stipulation specifies that the parties have agreed to waive all claims relating to the contract, and the FS shall pay appellant the sum total of $216,422 only. The stipulation continues that there shall be no additional amount for attorney fees or for interest, except that interest calculated pursuant to the Contract Disputes Act, 41 U.S.C.A. § 611 (2006), will begin to run from sixty days after March 9, 2007. The parties have further stipulated that the decision of the Board will be final and binding upon the parties and not subject to further appeal.
The request of the parties is GRANTED.
Decision
Pursuant to the stipulation of the parties and their request, the Board GRANTS the appeal IN PART. Appellant is awarded $216,422, with interest to be paid pursuant to the parties’ settlement agreement.
HOWARD A. POLLACK
Board Judge
We concur:
MARTHA H. DeGRAFF
Board Judge
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Durette Construction Co., Inc., CBCA 103. 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.