DISMISSED WITH PREJUDICE: March 4, 2014
CBCA 3431
J. E. HURLEY CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Scott J. Mikulecky of Sherman & Howard, L.L.C., Colorado Springs, CO; and John
A. Bachmann of John A. Bachmann, P.C., Littleton, CO, counsel for Appellant.
L. Benjamin Young, Office of the General Counsel, Department of Agriculture,
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.
Washington, DC; and Daniel B. Rosenbluth, Office of General Counsel, Department of Agriculture, Denver, CO, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
The Department of Agriculture’s Forest Service contracted with J. E. Hurley Construction, Inc. for road and bridge construction in the San Juan National Forest in Colorado. The contractor claimed entitlement to an equitable adjustment of $220,178 to the contract price, to compensate for additional excavation, embankment, and caisson work, and for costs associated with delays to the project. The contracting officer denied the claim, and the contractor appealed the decision.
The parties engaged in mediation of their dispute, with Board Judge Joseph A.
Vergilio serving as mediator. Through the mediation, the parties have resolved their dispute. They have asked the Board to dismiss the appeal with prejudice to its reinstatement. Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in J. E. Hurley Construction, Inc, CBCA 3431. 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.