GRANTED IN PART: February 3, 2009
CBCA 1301
BORO CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Ruth E. Ganister of Rosenthal and Ganister, West Chester, PA, counsel for Appellant. Kenneth B. MacKenzie, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges STERN, GOODMAN, and McCANN.
STERN, Board Judge.
Boro Construction, Inc. (Boro) appealed from the failure of the contracting officer of the Department of Veterans Affairs to issue a decision on appellant’s claim of $2,400,000, arising out of a contract for the construction of an addition to the Department of Veterans Affairs Medical Center in Lyons, New Jersey.
On December 18, 2008, the parties negotiated and settled the dispute in this appeal. In accordance with the requirements of Board Rule 25(b), 48 CFR 6101.25(b) (2008), the parties have filed a stipulation
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2 CBCA 1301
and move the Board for judgment in favor of Boro in the amount of $1,000,000, plus interest in accordance with the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006), commencing on February 18, 2005. The parties have also stipulated that they will not seek reconsideration of, or relief from, or appeal the Board’s decision.
Decision
The Board adopts the stipulation of the parties. The appeal is GRANTED IN PART. In accordance with the stipulation of the parties, the Board awards the sum of $1,000,000 plus interest in accordance with the Contract Disputes Act, to be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304.
JAMES L. STERN
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Boro Construction, Inc., CBCA 1301. 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.