CBCA 1167

Ames Corp./Dawson Building Contractors, Inc.

Feb 23, 2009Judge SteelDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Ames Corp./Dawson Building Contractors, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Steel
Case number
CBCA 1167
Decided
Feb 23, 2009The decision states Feb 23, 2009 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC
Outcome
Granted in partEntered by agreement of the parties.
The appeal is GRANTED IN PART.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Payment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
John T. Flynn
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC
Atlanta, GA
For the respondent
Ann C. Maddan
Office of the General Counsel, Department of Veterans Affairs
Palm Desert, CA
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,758 characters, read from the Board's own documentDecided Feb 23, 2009 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1

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GRANTED IN PART: February 23, 2009

CBCA 1167

AMES CORP./DAWSON BUILDING CONTRACTORS, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

John T. Flynn of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, GA,

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.

Ann C. Maddan, Office of the General Counsel, Department of Veterans Affairs, Palm Desert, CA, counsel for Respondent.

Before Board Judges VERGILIO, GOODMAN, and STEEL.

STEEL, Board Judge.

Appellant, Ames Corp./Dawson Building Contractors, Inc., filed the instant appeal from the decision of a contracting officer of respondent, the Department of Veterans Affairs (VA), on costs incurred for two change orders for asbestos abatement and seismic bracing, COCO 7 and COCO 8, under the contract at issue.

Following mediation, on February 17, 2009, the parties filed with the Board a stipulation of settlement and a joint motion for judgment on the stipulated settlement. The stipulation of settlement calls for the entry of judgment in favor of appellant in the amount of $600,000. This amount includes any interest under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2006), and attorney fees. The parties are agreed that they will not seek reconsideration of or relief from, and will not appeal, the Board’s decision.

___________________________

______________________________ _____________________________

2 CBCA 1167

Decision

The appeal is GRANTED IN PART. In accordance with the parties’ stipulation of settlement, the Board awards appellant the sum of $600,000, inclusive of interest and attorney fees. The agency intends to make this payment from the permanent indefinite judgment fund, 31 U.S.C. § 1304.

CANDIDA S. STEEL

Board Judge

We concur:

JOSEPH A. VERGILIO

Board Judge

ALLAN H. GOODMAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Ames Corp./Dawson Building Contractors, Inc., CBCA 1167. 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.

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