GRANTED IN PART: June 16, 2015
CBCA 3849
BRASFIELD & GORRIE, LLC,
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.
Laurence Schor, Dennis C. Ehlers, and Robert D. Pratt of Asmar, Schor & McKenna, PLLC, Washington, DC; and Axel Bolvig III, Luke D. Martin, and J. Christopher Selman of Bradley Arant Boult & Cummings, LLP, Birmingham, AL, counsel for Appellant.
Stacey North-Willis, Beth Chesney, Benjamin Diliberto, and Charlma Quarles, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), HYATT, and VERGILIO.
DANIELS, Board Judge.
The Department of Veterans Affairs (VA) and Brasfield & Gorrie, LLC (B&G) entered into a contract for the construction of a hospital and clinic at the VA’s Medical Center in Orlando, Florida. The original contract was in the amount of $276,773,030. In the course of construction, B&G submitted many claims to the VA. Among them was claim 4, for damages the contractor and its subcontractors allegedly incurred as a result of delays caused by the VA. This claim is for 140 days of compensable delay and associated costs in the amount of $17,718,794.
The VA contracting officer denied this claim. B&G appealed the decision, and the Board docketed the appeal as CBCA 3849.
The parties have now filed a joint motion for stipulated judgment pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2014)). In this motion, they ask the Board to award to B&G $16,359,475, plus interest calculated pursuant to the Contract Disputes Act, 41 U.S.C. § 7109 (2012), from December 20, 2013, until the date of payment; and an extension of the contract completion date by 140 calendar days, from December 8, 2013, until April 27, 2014.
The parties state that B&G will not seek attorney fees in conjunction with the prosecution of these appeals. The parties state further that they will not seek reconsideration of, or relief from, a Board decision which awards the stipulated amounts and extensions of contract completion date, and that they will not appeal the decision.
Decision
CBCA 3849 is GRANTED IN PART. The Department of Veterans Affairs shall pay to Brasfield & Gorrie, LLC, $16,359,475, plus interest calculated pursuant to the Contract Disputes Act from December 20, 2013, until the date of payment. This payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
The Board also extends the contract completion date, as stipulated by the parties in their joint motion.
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Brasfield and Gorrie, LLC, CBCA 3849. 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.