DISMISSED WITH PREJUDICE: July 27, 2009
CBCA 1603
COLORADO WEST CONTRACTING, 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.
Preston Mease, President of Colorado West Contracting, Inc., Grand Junction, CO, appearing for Appellant.
Daniel B. Rosenbluth, Office of the General Counsel, Department of Agriculture, Denver, CO, counsel for Respondent.
VERGILIO, Board Judge.
Order
Colorado West Contracting, Inc. (contractor) timely filed an appeal with the Board under the Contract Disputes Act of 1978, as amended, 41 U.S.C. §§ 601-613 (2006), concerning its contract with the Department of Agriculture, Forest Service, to complete repair after a road slide. The parties opted to utilize binding arbitration to resolve the dispute over the contractor’s claim to be reimbursed $30,791.86. On July 24, 2009, the presiding judge conducted a binding arbitration proceeding with the parties through a telephone conference. The dispute is resolved. The contractor was unsuccessful in demonstrating entitlement to relief; the denial of the claim is upheld. The parties agree that the case may be removed from the Board’s docket. The Board DISMISSES WITH PREJUDICE this appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Colorado West Contracting, Inc., CBCA 1603. 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.