DISMISSED WITH PREJUDICE: February 17, 2010
CBCA 1727
AG/ARG @ AVION, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Neil D. Goldman of Young, Goldman & Van Beek, P.C., Alexandria, VA, 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.
James F. H. Scott, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
AG/ARG @ Avion, LLC leased to the General Services Administration (GSA) space in a building located in Chantilly, Virginia. The lease provided that upon its conclusion, GSA would demolish and remove all interior improvements installed by or for the Government during the lease term and would make necessary patches and repairs.
After the lease term ended, GSA removed vinyl composition tiles which had been installed on the floors, and the concrete slab on which they had been laid was found to be damaged. The lessor claimed that GSA had injured the slab in removing the tiles and ______________________________
2 CBCA 1727
demanded payment of $98,945 to make repairs. GSA’s contracting officer denied the claim; he determined that the slab had been defective before the tiles had been installed and that the lessor was consequently responsible for the problem. The lessor appealed his decision. The parties have now resolved their dispute, with GSA having paid the lessor $15,000 to settle the claim. The lessor has asked the Board to dismiss the appeal with prejudice to its reinstatement.
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Ag/Arg @ Avion, LLC, CBCA 1727. 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.