DISMISSED WITH PREJUDICE: November 30, 2010
CBCA 2039
DESIGN ONE BUILDING SYSTEMS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Christopher W. Martin of Ayres & Parkey, Knoxville, TN, counsel for Appellant.
Thomas J. Mitchell and Phillipa L. Anderson, Office of the General Counsel,
Department of Veterans Affairs, Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
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.
Order
Design One Building Systems, Inc. (Design One), leases to the Department of Veterans Affairs (VA) a building in Knoxville, Tennessee. Design One submitted to the VA contracting officer several claims under this lease, and after the claims were denied, appealed the contracting officer’s decisions to this Board.
The parties are engaged in settlement discussions concerning the claims, with a Board judge facilitating the discussions. The parties have resolved one of the matters in dispute -the claim for an equitable adjustment for materials used in constructing a buildout of the structure to suit the VA’s needs, which has been docketed as CBCA 2039. The parties have jointly moved the Board to dismiss this case with prejudice to its reinstatement.
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2 CBCA 2039
Accordingly, CBCA 2039 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 Design One Building Systems, Inc., CBCA 2039. 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.