GRANTED IN PART: June 27, 2016
CBCA 3823, 3824, 4007, 4515, 4516, 4834, 4835, 4919
COBURN CONTRACTORS,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
J. Lister Hubbard of Capell & Howard, P.C., Montgomery, AL, counsel for Appellant. Stephen F. Butera, Office of the Regional Counsel, Department of Veterans Affairs, Clarksburg, WV, counsel for Respondent.
Before Board Judges VERGILIO, SHERIDAN, and ZISCHKAU.
VERGILIO, Board Judge.
Coburn Contractors (contractor) filed eight notices of appeal concerning a project order, 540-CSI-201, under contract VA244-12-C-0175 with the Department of Veterans Affairs (agency). The contract involved the planning, scheduling, and construction of the community center at Veterans Affairs Medical Center in Clarksburg, West Virginia. The parties resolved the disputes, involving matters of time and money, through mediation with Board Judge Lester. On June 27, 2016, the Board received from the parties a stipulated (or consent) judgment. The Government shall pay the contractor $442,665.69. If payment is made without use of the judgment fund, interest under the Contract Disputes Act, 41 U.S.C. § 7109 (2012), would accrue from the ninety-first day after the date of this decision until paid. If payment is made with the judgment fund, interest would accrue from the ninety-first day after the contractor provides the agency with necessary information to initiate that payment process until paid. The parties will not seek reconsideration of, or relief from the Board’s decision, and will not appeal the decision. The parties note that the Government may utilize the permanent indefinite judgment fund. 31 U.S.C. § 1304; 41 U.S.C. § 7108.
Decision
The Board GRANTS IN PART these appeals. The contractor is to receive $442,665.69, plus applicable interest under the Contract Disputes Act, if any, as detailed above.
______________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
PATRICIA J. SHERIDAN
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Coburn Contractors, CBCA 3823, 3824, 4007, 4515, 4516, 4834, 4835, 4919. 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.