CBCA 3849

Brasfield and Gorrie, LLC

Jun 16, 2015Judge DanielsDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
Brasfield and Gorrie, LLC
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Daniels
Case number
CBCA 3849
Decided
Jun 16, 2015The decision states Jun 16, 2015 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Asmar, Schor & McKenna, Bradley Arant Boult & Cummings, LLP
Outcome
Granted in partEntered by agreement of the parties.
CBCA 3849 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

Delay, suspension and accelerationPayment 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. They are ordered strongest first.

Appearances

For the appellant
Laurence Schor and Dennis C. Ehlers and Robert D. Pratt
Asmar, Schor & McKenna
Washington, DC
For the appellant
Axel Bolvig III and Luke D. Martin and J. Christopher Selman
Bradley Arant Boult & Cummings, LLP
Birmingham, AL
For the respondent
Stacey North-Willis and Beth Chesney and Benjamin Diliberto and Charlma Quarles
Office of the General Counsel, Department of Veterans Affairs
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, 2,680 characters, read from the Board's own documentDecided Jun 16, 2015 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

4 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.

Other statutes1
Agency FAR supplements1

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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.

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