GRANTED: December 4, 2012
CBCA 3050
GCH CONSTRUCTION COMPANY,
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.
Scott J. Mikulecky of Sherman & Howard, L.L.C., Colorado Springs, CO, counsel for Appellant.
Russell L. Emery, Office of Regional Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent.
Before Board Judges DANIELS (Chairman), HYATT, and DRUMMOND.
DANIELS, Board Judge.
The Department of Veterans Affairs (VA) contracted with GCH Construction Company (GCH) for improvements to the facility of the Denver (Colorado) Veterans Affairs Medical Center. GCH claimed that it was entitled to $40,000, the costs it incurred due to delays in construction caused by the agency’s failure to approve various design document submittals. A VA contracting officer denied the claim, and GCH appealed her decision. Shortly after the appeal was filed, the parties jointly moved the Board to issue a decision awarding to GCH the full amount of its claim, “as full and complete compensation
2 CBCA 3050
for all costs, direct and indirect, including but not limited to impact, on both changed and unchanged work . . . associated with [this] claim.” The parties have stipulated that they will not seek reconsideration of, or relief from, a decision which makes such an award. The motion also states that GCH will not seek attorney fees associated with the case or interest on the claim.
Decision
The appeal is GRANTED. The Department of Veterans Affairs shall pay to GCH Construction Company the sum of $40,000. Rule 25(b) (48 CFR 6101.25(b) (2012)). Payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2006).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in GCH Construction Company, CBCA 3050. 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.