GRANTED: February 12, 2014
CBCA 2580
LEON D. DeMATTEIS CONSTRUCTION CORP.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
David Westermann, Jr. and Zachery Lampell of Westermann Sheehy Keenan Samaan
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.
& Aydelott, LLP, Uniondale, NY, and Michael J. Schaengold, Esq., Patton Boggs, LLP, Washington, DC, counsel for Appellant.
Jay N. Bernstein, Office of General Counsel, General Services Administration, Washington, DC; and Leigh Erin S. Izzo, Office of Regional Counsel, General Services Administration, New York, NY, counsel for Respondent.
Before Board Judges SOMERS, HYATT, and McCANN.
SOMERS, Board Judge.
On October 6, 2011, Leon D. DeMatteis Construction Corp. (appellant) filed an appeal with the Board under contract number GS-02P-04-DTC-0032(N) which provided for the construction of the tower portion of the new federal office building located at the corner of 45th Street and First Avenue in New York City, New York.
On February 5, 2014, the parties filed a joint motion for entry of final judgment asking the Board to enter final judgment in favor of appellant in the amount of $10,500,000, to be paid from the permanent indefinite judgment fund. Under this agreement, if payment is not made within eighty-four days from the date respondent submits the payment request, interest will be paid at the rate provided in the Contract Disputes Act (CDA), 41 U.S.C. § 7109. The parties stipulated that neither party will seek reconsideration of, or relief from, the Board’s decision and that neither party will appeal the Board’s decision.
Decision
The motion is granted. The appeal is GRANTED. In accordance with the parties’ motion, the Board awards the appellant the sum of $10,500,000 to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006). Interest shall begin to accrue if payment is not made within eighty-four days from the date respondent submits the payment request at the interest rate provided in the CDA.
___________________________
JERI KAYLENE SOMERS
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in LEON D. DeMatteis Construction Corp., CBCA 2580. 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.