CBCA 2125

Mack Scogin Merrill Elam Architects, Inc.

Nov 17, 2011Judge SternGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in part

Key Facts

Appellant
Mack Scogin Merrill Elam Architects, Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Stern
Case number
CBCA 2125
Decided
Nov 17, 2011The decision states Nov 17, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Akerman Senterfitt, LLP
Outcome
Granted in part
The appeal is GRANTED IN PART in the amount of $850,000.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

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Appearances

For the appellant
Donald G. Gavin
Akerman Senterfitt, LLP
Vienna, VA
For the respondent
Jay N. Bernstein
Office of the General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 2,436 characters, read from the Board's own documentDecided Nov 17, 2011 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1
Agency FAR supplements1

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GRANTED IN PART: November 17, 2011

CBCA 2125

MACK SCOGIN MERRILL ELAM ARCHITECTS, INC.,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Donald G. Gavin of Akerman Senterfitt, LLP, Vienna, 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.

Jay N. Bernstein, Office of the General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), STERN, and BORWICK.

STERN, Board Judge.

This appeal arose out of a contract between the General Services Administration (GSA) and Mack Scogin Merrill Elam Architects, Inc. (MSME), for architectural services regarding the United States District Courthouse in Austin, Texas.

Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2010)), the parties have executed a settlement agreement in which GSA agrees to make payment to MSME in the amount of $850,000 inclusive of interest and attorney fees, in compliance with a Board decision making a stipulated award in that amount. In accordance with Board Rule 31, the parties state they will not seek review or reconsideration of this decision.

_________________________________

______________________________ _________________________________

2 CBCA 2125

In addition, the parties stipulate that all disputes, claims and counterclaims relating to the appeal and contract are resolved with the following reservations: (a) MSME reserves its right to seek payment for services which it performs related to judicial requests for additional work after the date of the settlement agreement.

(b) MSME reserves the right to seek payment for services which may be performed by MSME under the contract after August 31, 2012.

(c) MSME remains liable to the Government in accordance with applicable law for all damages to the Government caused by MSME’s negligent performance of any of the services furnished under this contract.

(d) MSME and GSA reserve all claims, damages, and remedies against each other arising from the breach of any of the obligations, covenants, and warranties in the settlement agreement.

The Board adopts the parties’ agreement by decision. Pursuant to Board Rule 25(b), the Board’s decision is an adjudication on the merits.

Decision

The appeal is GRANTED IN PART in the amount of $850,000. Payment is to be made from the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2006).

JAMES L. STERN

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

ANTHONY S. BORWICK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Mack Scogin Merrill Elam Architects, Inc., CBCA 2125. 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.

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