CBCA 3244

Blue Yonder, Inc

Sep 17, 2013Judge DanielsDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingGranted in part

Key Facts

Appellant
Blue Yonder, Inc
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Daniels
Case number
CBCA 3244
Decided
Sep 17, 2013The decision states Sep 17, 2013 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
Cohen Mohr LLP
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

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Appearances

For the appellant
Andrew K. Wible and Victor G. Klingelhofer
Cohen Mohr LLP
Washington, DC
For the respondent
Brian R. Reed and Kristin Langwell and D. Brent Pope
Office of Regional Counsel, Department of Veterans Affairs
Charleston, IL
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, 1,628 characters, read from the Board's own documentDecided Sep 17, 2013 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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Other statutes1
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GRANTED IN PART: September 17, 2013

CBCA 3244

BLUE YONDER, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Andrew K. Wible and Victor G. Klingelhofer of Cohen Mohr LLP, Washington, DC,

counsel for Appellant.

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.

Brian R. Reed, Kristin Langwell, and D. Brent Pope, Office of Regional Counsel, Department of Veterans Affairs, Charleston, IL, counsel for Respondent.

Before Board Judges DANIELS (Chairman), STERN, and SHERIDAN.

DANIELS, Board Judge.

The Department of Veterans Affairs (VA) contracted with Blue Yonder, Inc. (Blue Yonder), to construct two buildings at a VA medical facility in North Chicago, Illinois. Blue Yonder claimed that due to delays caused by the VA, it was entitled to be paid $308,377.35 in extended general conditions costs.

Following mediation of the dispute by a Board judge, the parties to this appeal have filed a Stipulation for Entry of Judgment. In this stipulation, the parties ask the Board to enter judgment in favor of Blue Yonder in the amount of $220,000. Each party stipulates that it will not seek reconsideration of, or relief from, a decision which makes this award, and will not appeal such a decision.

Decision

The parties’ request is granted. The appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay to Blue Yonder, Inc. the sum of $220,000. Rule 25(b) (48 CFR 6101.25(b) (2012)). Payment shall be paid from the Government’s permanent indefinite judgment fund. 31 U.S.C. § 1304 (2006).

_________________________

STEPHEN M. DANIELS

Board Judge

We concur:

JAMES L. STERN

Board Judge

PATRICIA J. SHERIDAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Blue Yonder, Inc, CBCA 3244. 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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