CBCA 2532

Reva Murphy Associates, Inc. - American Incorporated Joint Venture

Aug 2, 2012Judge DanielsDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingGranted in part

Key Facts

Appellant
Reva Murphy Associates, Inc. - American Incorporated Joint Venture
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Daniels
Case number
CBCA 2532
Decided
Aug 2, 2012The decision states Aug 2, 2012 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
Asmar, Schor & McKenna, PLLC
Outcome
Granted in part
The appeal is GRANTED IN PART.
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

Payment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Dennis C. Ehlers and Laurence Schor and Michael K. Koger
Asmar, Schor & McKenna, PLLC
Washington, DC
For the respondent
Kate Gorney
Office of the Regional Counsel, Department of Veterans Affairs
San Francisco, CA
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, 2,813 characters, read from the Board's own documentDecided Aug 2, 2012 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Agency FAR supplements1

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GRANTED IN PART: August 2, 2012

CBCA 2532

REVA MURPHY ASSOCIATES, INC.

– AMERICAN INCORPORATED JOINT VENTURE,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

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 C. Ehlers, Laurence Schor, and Michael K. Koger of Asmar, Schor & McKenna, PLLC, Washington, DC, counsel for Appellant.

Kate Gorney, Office of the Regional Counsel, Department of Veterans Affairs, San Francisco, CA, counsel for Respondent.

Before Board Judges DANIELS (Chairman), POLLACK, and DRUMMOND.

DANIELS, Board Judge.

Reva Murphy Associates, Inc. – American Incorporated Joint Venture (the Joint Venture) claimed that it was entitled to $1,244,251 and 309 additional calendar days of performance time under a contract with the Department of Veterans Affairs (VA) to remodel portions of the Veterans Affairs Medical Center in Fresno, California. A VA contracting officer denied most of the claim, awarding only $70,000, and the Joint Venture appealed that decision to the Board.

The parties have now resolved their differences and have submitted to the Board a Joint Motion for Judgment on Stipulated Settlement. In the motion, the parties ask the Board _________________________

_________________________ _________________________ 2 CBCA 2532

to make an award to the Joint Venture in the amount of $500,000 (in addition to the $70,000 previously paid pursuant to the contracting officer’s decision) as “full and complete compensation for all costs, direct and indirect, including but not limited to impact, on both changed and unchanged work associated with claim CBCA No. 2532, under Contract No. V261C-2821.” The parties have also asked us to incorporate the settlement agreement into our decision. Under this agreement, if payment is not made within ninety days of the date of this decision, interest will also be paid on the $500,000, at rates prescribed by the Contract Disputes Act, 41 U.S.C. § 7109 (Supp. IV 2011), from the ninety-first day after the date of the decision until full payment of the $500,000 is made.

The parties have stipulated that they will not seek reconsideration of, or relief from, the Board decision that makes the requested award, and that they will not appeal that decision.

Decision

The motion is granted. The appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay to Reva Murphy Associates, Inc. – American Incorporated Joint Venture the sum of $500,000. If payment is not made within ninety days of the date of this decision, the VA will also pay to the Joint Venture interest on the $500,000, at rates prescribed by the Contract Disputes Act, from the ninety-first day after the date of the decision until full payment of the $500,000 is made. Rule 25(b) (48 CFR 6101.25(b) (2011)).

STEPHEN M. DANIELS

Board Judge

We concur:

HOWARD A. POLLACK

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Reva Murphy Associates, Inc. - American Incorporated Joint Venture, CBCA 2532. 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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