DISMISSED WITH PREJUDICE: February 19, 2010
CBCA 1622
DOUG O’BRYAN CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
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.
Thomas R. Olson of Olson & Price, Ltd., West Saint Paul, MN, counsel for Appellant. David Sett, Division Counsel, Central Federal Lands Highway Division, Federal Highway Administration, Department of Transportation, Lakewood, CO, counsel for Respondent.
VERGILIO, Board Judge.
Order
On June 25, 2009, the Board received from Doug O’Bryan Contracting, Inc.
(contractor) a notice of appeal seeking payment of $913,497.39 and a time extension of 209.5 days for unavoidable delays under its contract, DTFH68-07-C-00025, with the Department of Transportation, Federal Highway Administration, Central Federal Lands Highway Division, to construct a roadway. Formal proceedings were suspended, while the parties engaged in mediation. On February 19, 2010, the Board received from the contractor a request for a dismissal with prejudice; the parties have settled the case and executed a binding settlement agreement. 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 Eleven Eighteen Limited Partnership, CBCA 1769. 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.