GRANTED IN PART: November 20, 2008
CBCA 1401
LEON D. DeMATTEIS CONSTRUCTION CORP.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
David Westermann, Jr. of Westermann Hamilton Sheehy Aydelott & Keenan, LLP,
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.
Garden City, NY; and Michael J. Schaengold and Robert S. Brams of Patton Boggs, LLP, Washington, DC, counsel for Appellant.
Thomas Y. Hawkins, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, VERGILIO, and STEEL.
STEEL, Board Judge.
On November 10, 2008, appellant, the Leon D. DeMatteis Construction Corp., filed an appeal with the Board from a November 7, 2008, decision by a General Services Administration (GSA) contracting officer under contract no. GS-02P-04-DTC-0032(N). On November 18, 2008, this Board received a stipulation for partial judgment which notes that the parties have reached a settlement on claims raised in the appeal as a result of mediation. The parties have agreed to the immediate entry of partial judgment in favor of appellant in
2 CBCA 1401
the amount of $17 million to be paid by GSA, with interest allowable under the Contract Disputes Act (CDA), 41 U.S.C. §§ 601- 613(2000), commencing thirty days from the date of this order. They have further agreed that they shall not seek review or reconsideration of this partial judgment, and waive their rights to reconsideration under Board Rule 26, rights to relief from judgment under Rule 27, and rights to appeal the decision.
The parties have also agreed to a second partial judgment to be entered upon the completion of the project at issue, in an amount to be determined pursuant to a written settlement agreement. They request that the Board suspend the balance of this proceeding until the amount of the second partial judgment can be determined under that agreement.
Decision
Accordingly, the Board GRANTS IN PART this appeal in favor of appellant in the amount of $17 million plus interest under the CDA commencing thirty days from the date of this order. The Board suspends the balance of the appeal until further order of the Board. The parties are to submit a joint status report no later than December 31, 2009.
We concur:
_____________________
CANDIDA S. STEEL
JERI K. SOMERS
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Leon D. Dematteis Construction Corp., CBCA 1401. 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.