CBCA 3464

TRICON Timber, LLC

Jul 14, 2014Judge DanielsDEPARTMENT OF AGRICULTURE
Not published in the listingGranted in part

Key Facts

Appellant
TRICON Timber, LLC
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Daniels
Case number
CBCA 3464
Decided
Jul 14, 2014The decision states Jul 14, 2014 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
Haglund Kelley 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

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
Julie A. Weis
Haglund Kelley LLP
Portland, OR
For the respondent
Jennifer T. Newbold
Office of the General Counsel, Department of Agriculture
Missoula, MT
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, 1,741 characters, read from the Board's own documentDecided Jul 14, 2014 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

2 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Contract Disputes Act1
Other statutes1

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GRANTED IN PART: July 14, 2014

CBCA 3464

TRICON TIMBER, LLC,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

Julie A. Weis of Haglund Kelley LLP, Portland, OR, 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.

Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT, counsel for Respondent.

Before Board Judges DANIELS (Chairman), HYATT, and DRUMMOND.

DANIELS, Board Judge.

The Forest Service (FS), a bureau of the Department of Agriculture, entered into a contract with Tricon Timber, LLC (Tricon) which included reconstruction of a road in the Lolo National Forest in Montana. As part of this work, Tricon was required to cut and remove trees along the route. According to Tricon, it was required to cut and remove many more trees than the fifty estimated by the FS. Tricon claimed that it is entitled to be paid $35,905 more than the FS has paid because it cut and removed the additional trees. The FS contracting officer denied the claim, and Tricon appealed the decision.

Following a successful mediation conducted by a Board judge, the parties have filed a motion for a stipulated award to Tricon of $4000, inclusive of interest under the Contract Disputes Act, 41 U.S.C. § 7109 (2012). In the motion, the parties represent that neither will seek reconsideration of or relief from a decision which makes such an award, and neither will appeal such a decision.

Decision

The appeal is GRANTED IN PART. We award to Tricon Timber, LLC the agreed-upon amount of $4000. This money is to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304.

_________________________

STEPHEN M. DANIELS

Board Judge

We concur:

CATHERINE B. HYATT

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in TRICON Timber, LLC, CBCA 3464. 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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