DISMISSED WITH PREJUDICE: May 25, 2010
CBCA 1275
McKISSACK & McKISSACK OF D.C.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
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.
Roger C. Jones and Nicole L. Campbell of Huddles Jones Sorteberg & Dachille, P.C., Columbia, MD, counsel for Appellant.
Emily E. Parkhurst and James L. Weiner, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
McKissack & McKissack of D.C. (McKissack) rehabilitated the Lincoln Memorial Circle and approaches to the Lincoln Memorial in Washington, D.C., under a contract with the Department of the Interior’s National Park Service.
During performance of this contract, numerous disputes arose between the parties.
Some of them were resolved through modifications to the contract. As to others, McKissack submitted to the contracting officer a certified claim in the amount of $4,545,436. The contracting officer denied the claim in its entirety, and McKissack appealed her decision. __________________________________
2 CBCA 1275
After a lengthy mediation conducted by Board Judge Allan H. Goodman, the parties agreed to settle the case, with the agency to pay the contractor $2,600,000 in exchange for the release, waiver, and discharge of “all claims or obligations which now exist or which may hereafter arise, whether known or unknown, or which have or could have been asserted against the United States as well as its officers and employees, arising out of or resulting from the Contract.”
McKissack has now filed a motion to dismiss the appeal with prejudice.
The motion is granted. The appeal is DISMISSED WITH PREJUDICE.
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Mckissack & Mckissack of D.C., CBCA 1275. 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.