CBCA 3350-R, 3672-R, 4658-R, 4659-R

Yates-Desbuild Joint Venture

Feb 15, 2018Judge Per CuriamDEPARTMENT OF STATE
DecisionRuled on a motion

Key Facts

Appellant
Yates-Desbuild Joint Venture
Respondent agency
DEPARTMENT OF STATE
Judge
Per Curiam
Case number
CBCA 3350-R, 3672-R, 4658-R, 4659-RThis cell names 4 dockets: 3350-R, 3672-R, 4658-R, 4659-R.
Decided
Feb 15, 2018The decision states Feb 15, 2018 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Bradley Arant Boult Cummings LLP
Outcome
Ruled on a motion
Based upon a majority vote of the judges of the Board, YJDV's motion to delay consideration of its pending reconsideration motion is DENIED, and its motion to vacate and for full Board reconsideration is DENIED.
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.

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Appearances

For the appellant
Douglas L. Patin and Thomas Lynch
Bradley Arant Boult Cummings LLP
Washington, DC
For the respondent
Thomas D. Dinackus
Office of the Legal Adviser, Buildings and Acquisitions, Department of State
Washington, DC
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, 1,416 characters, read from the Board's own documentDecided Feb 15, 2018 on its own faceRespondent DEPARTMENT OF STATE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

MOTIONS FOR FULL BOARD CONSIDERATION DENIED:

February 15, 2018

CBCA 3350-R, 3672-R, 4658-R, 4659-R

YATES-DESBUILD JOINT VENTURE,

Appellant,

v.

DEPARTMENT OF STATE,

Respondent.

Douglas L. Patin and Thomas Lynch of Bradley Arant Boult Cummings 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.

Thomas D. Dinackus, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel for Respondent.

Before the Full Board.

PER CURIAM.

On December 22, 2017, appellant, Yates-Desbuild Joint Venture (YDJV), filed a motion asking the full Board to vacate the reconsideration decision that the panel issued in these appeals on December 8, 2017, and to reconsider the panel’s decision as it relates to YDJV’s prior material breach argument. By order dated January 8, 2018, the Board notified YDJV that the full Board would consider its motion on February 6, 2018. On February 2, 2018, YDJV filed a motion asking the full Board to delay consideration of its motion to vacate and for reconsideration until February 27, 2018.

Judge Allan H. Goodman, who mediated disputes between the parties involving the project at issue before YDJV filed these appeals, abstained from this decision.

Based upon a majority vote of the judges of the Board, YJDV’s motion to delay consideration of its pending reconsideration motion is DENIED, and its motion to vacate and for full Board reconsideration is DENIED.

This is a verbatim capture of the text layer of the Board's own document in Yates-Desbuild Joint Venture, CBCA 3350-R, 3672-R, 4658-R, 4659-R. 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.

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