DISMISSED WITH PREJUDICE: December 30, 2011
CBCA 2627
SWANK ENTERPRISES,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
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.
Shawn W. Baker, Project Manager of Swank Enterprises, Kalispell, MT, appearing for Appellant.
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
The Department of the Interior’s National Park Service contracted with Swank Enterprises (Swank) for renovation of the heating, ventilating, and air conditioning system at a building in Glacier National Park, Montana. While the work was being performed, a boiler froze and one of its heat exchangers cracked and required replacement. Swank maintained that errors by government personnel caused the problem, and it consequently demanded that the agency reimburse it for the $2917 it incurred in replacing the unit. The contracting officer denied the claim, deciding that Swank was responsible for providing heat in the building while construction was under way. Swank appealed the decision to the Board. _________________________
2 CBCA 2627
The parties have now resolved their differences, with the Government agreeing to pay, and Swank agreeing to accept, $1458.50 in settlement of the claim. The settlement agreement includes a request that the appeal be dismissed with prejudice.
Accordingly, this 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 Swank Enterprises, CBCA 2627. 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.