DISMISSED WITH PREJUDICE: March 2, 2009
CBCA 1334, 1335
MRT HEAVY HAULING, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Tyler M. Cole, Manager of MRT Heavy Hauling, Inc., Albuquerque, NM, appearing for Appellant.
Patricia Leigh Disert, Office of the General Counsel, Department of Agriculture, Albuquerque, NM, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
The Department of Agriculture’s Natural Resources Conservation Service awarded to MRT Heavy Hauling, Inc. (MRT) a construction contract for rehabilitation of the Piedra Liza Dam near Bernalillo, New Mexico. In performing this contract, MRT filed two claims -- one in the amount of $80,448.66, relating to costs allegedly incurred as a result of changes to the specifications for reinforced concrete pressure pipe, and the other in the amount of ______________________________
2 CBCA 1334, 1335
$95,119, relating to costs allegedly incurred as a result of improper measurements for concrete and inadequate design of slope grades. The contracting officer denied the first claim in full and the second in part. MRT appealed both of his decisions.
On February 27, 2009, the parties filed a joint motion to dismiss the appeals, stating that the parties have reached a settlement and requesting that the appeals be dismissed with prejudice.
Accordingly, the appeals are DISMISSED WITH PREJUDICE.
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in MRT Heavy Hauling, Inc., CBCA 1334, 1335. 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.