GRANTED: March 25, 2011
CBCA 1809
CADDELL CONSTRUCTION CO., INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
James F. Archibald, III, of Bradley Arant Boult Cummings, LLP, Birmingham, AL, counsel for Appellant.
Leigh Erin S. Izzo, Office of General Counsel, General Services Administration, New York, NY; and Catherine Crow, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges BORWICK, VERGILIO, and GOODMAN.
VERGILIO, Board Judge.
On November 25, 2009, the Board received from Caddell Construction Co., Inc.
(contractor) a notice of appeal seeking $414,383 which it claims the General Services Administration (Government) wrongfully deducted from its contract, GS-07P-05-UEC-3003, to construct a courthouse in El Paso, Texas. The dispute focuses upon copper scrim anchors, and their inclusion or not in the contract. The Board has jurisdiction over this timely-filed appeal pursuant to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109 (previously 41 U.S.C. §§ 601-613 (2006)).
In a motion for stipulated award dated March 24, 2011, the parties jointly request the Board to enter judgment for the contractor in the amount of $414,383, plus interest from March 23, 2011, until payment by the judgment fund, in full and final settlement of the claims presented. The amount includes costs, attorney fees, and interest under the CDA. ______________________________
________________________ ________________________
2 CBCA 1809
Each party agrees that it will not seek reconsideration, and will not file an appeal, of this decision. The parties intend that the amount be paid through the judgment fund, pursuant to law, 31 U.S.C. § 1304; 41 U.S.C. § 7108 (previously § 612).
Decision
The Board GRANTS the appeal. The contractor shall recover $414,383 plus interest from March 23, 2011.
JOSEPH A. VERGILIO
Board Judge
We concur:
ANTHONY S. BORWICK
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Caddell Construction Co., Inc., CBCA 1809. 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.