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.
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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.