CBCA 2224

Absher Construction Company

Mar 1, 2016Judge DanielsGENERAL SERVICES ADMINISTRATION
DismissalSettled

Key Facts

Appellant
Absher Construction Company
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Daniels
Case number
CBCA 2224
Decided
Mar 1, 2016The decision states Mar 1, 2016 on its own face, which agrees with the listing.
Decision type
Dismissal
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Settled
The appeal is DISMISSED WITH PREJUDICE.
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.

Topics

The topic rules ran over this decision's own words and none of them matched.

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Appearances

For the appellant
Dennis P. Greenlee, Jr.
Absher Construction Company
Puyallup, WA
For the respondent
Richard O. Hughes
Office of Regional Counsel, General Services Administration
New York, NY
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, 1,568 characters, read from the Board's own documentDecided Mar 1, 2016 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED WITH PREJUDICE: March 1, 2016

CBCA 2224

ABSHER CONSTRUCTION COMPANY,

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.

Dennis P. Greenlee, Jr., General Counsel of Absher Construction Company, Puyallup, WA, counsel for Appellant.

Richard O. Hughes, Office of Regional Counsel, General Services Administration, New York, NY, counsel for Respondent.

DANIELS, Board Judge (Chairman).

Order

Absher Construction Company (Absher) constructed the United States Courthouse in Seattle, Washington, under contract with the General Services Administration (GSA). Several years after the building was completed, problems arose with regard to the fire alarm system. GSA claimed that the problems were the result of latent defects in the system and demanded that Absher pay repair costs in the amount of $272,500. Absher appealed the contracting officer’s decision, contending that any problems were the result of the agency’s failure to maintain the system properly.

The contracting officer’s decision was issued in August 2010, and the appeal was filed in November of that year. By April 2011, the parties reported that they had reached a tentative settlement of the case. In February 2013, they represented that they had reached a settlement and would “immediately finalize the appropriate settlement documents and jointly move to dismiss the matter.” On February 29, 2016, the parties finally filed a joint motion to dismiss the case with prejudice.

The motion is granted. The appeal 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 Absher Construction Company, CBCA 2224. 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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