GRANTED IN PART: December 15, 2009
CBCA 1460
WALSH/DAVIS JOINT VENTURE,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Barbara G. Werther of Howrey LLP, Washington, DC; and J. Richard Margulies of
J. Richard Margulies & Associates, Ltd., Rockville, MD, counsel for Appellant.
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.
Dalton F. Phillips, Leigh Erin S. Izzo, and Heather R. Cameron, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), SOMERS, and DRUMMOND.
DANIELS, Board Judge.
The General Services Administration (GSA) contracted with Walsh/Davis Joint Venture (Walsh/Davis) for the construction of a building in Washington, D.C., to serve as the headquarters of the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives. Walsh/Davis submitted to the GSA contracting officer numerous claims relating to this work. The contracting officer denied the claims in a 123-page decision. Walsh/Davis appealed.
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The parties have been working diligently to resolve voluntarily the matters at issue in this case. They first divided the case into its constituent direct cost and delay/inefficiency claims and then proceeded to negotiate most of the direct cost claims.
The parties have resolved most of the direct cost claims. On May 29, 2009, they jointly moved for a stipulated award as to numerous settled matters. The Board granted that motion by decision dated June 3, 2009 (later amended, per the parties’ joint requests, on July 17, 2009, and September 8, 2009).
The parties filed another motion for a stipulated award, this time covering claims they have identified as numbers 179 through 197 and “Ned Kahn Deduction,” on December 15, 2009. In this motion, they ask the Board to enter judgment for Walsh/Davis in the amount of $1,001,393. This amount includes costs, attorney fees, and interest, except that if the amount is not paid by December 24, 2009, interest shall accrue from that date until the date of payment. The parties have stated that neither of them will seek reconsideration of or relief from a decision which directs payment from the permanent indefinite judgment fund in the specified amount, and neither of them will appeal such a decision.
Decision
This appeal is GRANTED IN PART. As to claims numbered 179 through 197 and “Ned Kahn Deduction,” GSA shall pay to Walsh/Davis $1,001,393. This amount includes costs, attorney fees, and interest, except that if the amount is not paid by December 24, 2009, interest shall accrue from that date until the date of payment, at the rates specified pursuant to 41 U.S.C. § 611 (2006). Payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304.
STEPHEN M. DANIELS
Board Judge
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We concur:
JERI KAYLENE SOMERS
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Walsh/Davis Joint Venture, CBCA 1460. 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.