DISMISSED WITH PREJUDICE: September 23, 2009
CBCA 1281
L & H CONSTRUCTION CO., INC.,
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.
Lisa H. Lesser and Charles F. Kenny of Peckar & Abramson, P.C., River Edge, NJ, counsel for Appellant.
Colleen M. Dulin, Office of the Regional Solicitor, Department of the Interior, Lakewood, CO, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
Under a contract awarded by the Department of the Interior’s National Park Service, L & H Construction Co., Inc. (L & H) performed construction work at the Edison National Historic Site in New Jersey. The contract was terminated for the convenience of the Government. L & H then submitted a claim in the amount of $1,514,637 for termination costs; costs the contractor alleged it was owed due to delay, unabsorbed overhead, and extra work it performed; and damages asserted by a subcontractor to L & H, Circle Redmont, relating to building and installing stairs in one of the buildings. The contracting officer decided that L & H was entitled to $380,150. L & H appealed her decision.
_________________________
2 CBCA 1281
The parties have now settled the case. The agency has agreed to compensate L & H in the amount of $490,000, and separately to pay $231,400 to Circle Redmont. The parties have asked the Board to dismiss the case with prejudice.
The parties’ joint request is granted. The case 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 L & H Construction Co., Inc., CBCA 1281. 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.