GRANTED IN PART: January 3, 2011
CBCA 1810, 1864, 1987
WILSON CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
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.
Timothy F. Winchester of McInerney & Dillon, P.C., Oakland, California, counsel for Appellant.
Charles B. Wallace, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, KULLBERG, and WALTERS.
WALTERS, Board Judge.
These appeals are currently before the Board on joint motion for judgment on a stipulated settlement. The appeals relate to claims submitted by the appellant, Wilson Construction, Inc. (Wilson), in connection with its performance of contract number CMJ00090002 with the respondent, Department of the Interior, for the construction of specified roads at the Bridgeport Indian Reservation in Bridgeport, California. By settlement agreement executed on December 7, 2010, and by subsequent stipulation executed December 20, 2010, the parties have stipulated to an award by this Board in favor of Wilson in the amount of $360,000 in full settlement of those claims and appeals. By their joint motion, the parties have stipulated further that interest on such amount will begin to Street Address: Mailing Address:
6th Floor, 1800 M Street, NW , W ashington, DC 20036 • 1800 F Street, NW , W ashington, DC 20405 accrue on January 8, 2011, at the interest rate(s) published by the Secretary of the Treasury semi-annually for purposes of the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 601 613 (2006), should payment of the judgment amount not be made by January 7, 2011, and that such interest shall be paid to Wilson along with the payment of the stipulated judgment award. Finally, the parties have stipulated that neither party will seek reconsideration of, or relief from, the Board’s decision and that neither party will appeal the Board’s decision.
2CBCA 614, 652, 653
Decision
These appeals are GRANTED IN PART. In accordance with the parties’ stipulation of settlement and joint motion, the Board awards the appellant the sum of $360,000 for all claims under the appeals; payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006). Interest on said sum shall begin to accrue on January 8, 2011, at the interest rate(s) published by the Secretary of the Treasury semi-annually for purposes of the CDA, should payment of the award not be made by January 7, 2011, and shall be paid to the appellant together with the award.
____________________________
RICHARD C. WALTERS
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Wilson Construction, Inc., CBCA 1810, 1864, 1987. 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.