GRANTED IN PART: March 10, 2016
CBCA 3286, 3517, 3573, 3574, 3575
MASCARO CONSTRUCTION COMPANY, L.P.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Michael D. Klein and Ross A. Giorgianni of Blumling & Gusky, LLP, Pittsburgh, PA; Edward J. Sheats of Sheats & Bailey, PLLC, Brewerton, NY; Gregory P. Photiadis and Ryan L. Belka of Duke, Holzman, Photiadis & Gresens, LLP, Buffalo, NY; and Christopher M. Mills of Wiley Rein LLP, Washington, DC, counsel for Appellant.
Lori R. Shapiro and Justin Hawkins, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges SHERIDAN, ZISCHKAU, and SULLIVAN.
SHERIDAN, Board Judge.
In these appeals, appellant, Mascaro Construction Company, L.P., appealed decisions of a contracting officer of respondent, General Services Administration (GSA), arising from its contract for construction of the Federal courthouse in Buffalo, New York. On February 8, 2016, the parties filed a joint motion for stipulated award for the Board to enter a full and final judgment, stating in part that: 7. The parties desired to settle the Claims, Appeals, and any [sic] fully and finally resolve any claims that Mascaro and/or its Subcontractors had or may have had, so the parties entered into the Settlement Agreement.
8. Under the Settlement Agreement, Mascaro shall accept on behalf of itself and its subcontractors, the total sum of $11,000,000.00 (“Settlement Amount”) in full and final settlement of all matters relating to the Contract, including without limitation the Claims and Appeals. To effect payment of the Settlement Amount, the parties agreed to enter into a joint stipulation in which the parties request that the Board enter final judgment in the total sum of $11,000,000.00. The Settlement Amount is inclusive of any costs, interest, and attorney fees claimed or unclaimed, by Mascaro on behalf of itself and its Subcontractors.
9. Payment of the final judgment amount, that is $11,000,000.00, is to be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2008).
10. Pursuant to Rule 25(b) of the Board’s Rules of Procedure, the parties state that neither party will seek reconsideration of, or relief from, the Board’s decision, and they will not appeal the decision.
Decision
Accordingly, these appeals are GRANTED IN PART. In accordance with the parties’ motion, the Board awards the total sum of $11,000,000 to be paid from the judgment fund. This amount is inclusive of all costs, interest, and attorney fees.
PATRICIA J. SHERIDAN
Board Judge
We concur:
JONATHAN D. ZISCHKAU
Board Judge
MARIAN E. SULLIVAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Mascaro Construction Company, L.P., CBCA 3286, 3517, 3573, 3574, 3575. 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.