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.