CBCA 1367

Lumus Construction, Inc.

Oct 1, 2009Judge DanielsDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingSettled

Key Facts

Appellant
Lumus Construction, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Daniels
Case number
CBCA 1367
Decided
Oct 1, 2009The decision states Oct 1, 2009 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
City, Hayes & Dissette, P.C.
Outcome
Settled
DISMISSED
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from that line, because the decision's text states no operative ruling we could isolate. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Lewis R. Lear
City, Hayes & Dissette, P.C.
Boston, MA
For the respondent
Stephen F. Butera and Dennis McGuire
Office of Regional Counsel, Department of Veterans Affairs
Clarksburg, WV
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,542 characters, read from the Board's own documentDecided Oct 1, 2009 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED: October 1, 2009

CBCA 1367

LUMUS 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.

Lewis R. Lear of City, Hayes & Dissette, P.C., Boston, MA, counsel for Appellant. Stephen F. Butera and Dennis McGuire, Office of Regional Counsel, Department of Veterans Affairs, Clarksburg, WV, counsel for Respondent.

DANIELS, Board Judge (Chairman).

Order

The Department of Veterans Affairs (VA) and Lumus Construction, Inc. (Lumus) entered into a contract under which Lumus was to perform work on the heating, ventilation, and air conditioning system at the Louis A. Johnson Medical Center in Clarksburg, West Virginia. Lumus claimed that due to incorrect data supplied by VA and a condition of which the agency did not make it aware, it incurred unanticipated costs in resolving issues which arose regarding the system. Lumus claimed that it was entitled to an additional $76,902.01 to compensate it for these costs. A VA contracting officer denied the claim, and Lumus appealed his decision.

_________________________

2 CBCA 1367

After considerable discussion between the parties, on September 4, 2009, counsel informed the Board in a telephonic conference that all necessary preconditions to a settlement appeared to be in place. Counsel stated that if neither party requested further action in the case by September 28, 2009, the Board could dismiss the case on any day thereafter.

Neither party requested further action on or before September 28, 2009. Accordingly, the case is DISMISSED.

STEPHEN M. DANIELS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Lumus Construction, Inc., CBCA 1367. 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.

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