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.
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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.