CBCA 3402, 3490

Caddell Construction Co., Inc.

Oct 6, 2016Judge DanielsGENERAL SERVICES ADMINISTRATION
DecisionGranted in part

Key Facts

Appellant
Caddell Construction Co., Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Daniels
Case number
CBCA 3402, 3490This cell names 2 dockets: 3402, 3490.
Decided
Oct 6, 2016The decision states Oct 6, 2016 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Bradley Arant Boult Cummings
Outcome
Granted in part
The appeals are 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

Payment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
James F. Archibald, III
Bradley Arant Boult Cummings
Birmingham, AL
For the respondent
James F. H. Scott
Office of General Counsel, General Services Administration
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, 2,973 characters, read from the Board's own documentDecided Oct 6, 2016 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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GRANTED IN PART: October 6, 2016

CBCA 3402, 3490

CADDELL CONSTRUCTION CO., INC.,

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.

James F. Archibald, III of Bradley Arant Boult Cummings, Birmingham, AL, counsel for Appellant.

James F. H. Scott, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), VERGILIO, and KULLBERG.

DANIELS, Board Judge.

The General Services Administration (GSA) contracted with Caddell Construction Co., Inc. (Caddell) for construction of the Stanley J. Roszkowski United States Courthouse in Rockford, Illinois. Under this contract, Caddell submitted to the contracting officer two claims with which we are concerned: one in the amount of $934,155.34 for compliance by subcontractor Lenex Steel Company with a supplemental instruction issued by the project architect, and the other in the amount of $5,001,544.42 for costs associated with change orders and general conditions for delays, as well as incentive payments for achieving certain milestones and release of liquidated damages held by GSA. The contracting officer denied the first claim in its entirety and granted the second in part. Caddell appealed both decisions. The appeal of the decision as to the first claim was docketed as CBCA 3402, and the appeal of the decision as to the second was docketed as 3490.

Through mediation conducted by Board Judge Richard C. Walters, the parties have resolved their dispute voluntarily. They have jointly moved the Board to award to Caddell the sum of $2,500,000, plus interest at the rates prescribed by the Secretary of the Treasury pursuant to the Contract Disputes Act, 41 U.S.C. § 7109 (2012), from May 1, 2016 until the date of payment. The parties state that with certain limited exclusions and reservations which do not pertain to the claims that are the subject of these appeals, “upon entry of the requested final judgment, all disputes, claims, counterclaims and issues will be fully and finally resolved relating to [these appeals] and [this contract].” The parties state further that they will not seek reconsideration of or relief from a decision which makes the agreed-upon award, and they will not appeal the decision.

Decision

The appeals are GRANTED IN PART. The Board awards to Caddell Construction Co., Inc. the sum of $2,500,000, plus interest at the rates prescribed by the Secretary of the Treasury pursuant to the Contract Disputes Act, 41 U.S.C. § 7109, from May 1, 2016 until the date of payment. Rule 25(b) (48 CFR 6101.25(b) (2015)). To the extent that the General Services Administration does not make payment directly to the contractor, payment may be made from the permanent indefinite judgment fund. 41 U.S.C. § 7108(a) (referencing 31 U.S.C. § 1304).

_________________________

STEPHEN M. DANIELS

Board Judge

We concur:

JOSEPH A. VERGILIO

Board Judge

H. CHUCK KULLBERG

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Caddell Construction Co., Inc., CBCA 3402, 3490. 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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