DISMISSED WITH PREJUDICE: July 7, 2009
CBCA 1211
MARYLAND ENTERPRISE, L.L.C.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Barbara G. Werther and David C. Mancini of Howrey LLP, 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.
Dalton F. Phillips, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On June 4, 2008, the Board received a notice of appeal from Maryland Enterprise, L.L.C. (lessor), filed pursuant to the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended (CDA). The dispute arose under the contractor’s lease, GS-11B-01853, with the General Services Administration (agency). The contracting officer had denied a lessor claim that an agency request to provide a detailed project schedule constituted a constructive change entitling the lessor to relief under the Changes clause of the lease.
On June 30, 2009, the Board received from the parties a joint request for a dismissal with prejudice. The Board DISMISSES WITH PREJUDICE this appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Maryland Enterprise, L.L.C., CBCA 1211. 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.