GRANTED IN PART: September 14, 2007
TURNER CONSTRUCTION COMPANY,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Richard L. Abramson and Patrick J. Greene, Jr., of Peckar & Abramson, River Edge, NJ, counsel for Appellant.
Thomas Y. Hawkins, Robert M. Notigan, and Richard Hughes, Office of General Counsel, General Services Administration, Washington, DC; and Michael DeChiara, Matthew S. Quinn, Christopher P. McCabe, Michael J. Vardaro, and Michelle Fiorito of Zetlin & DeChiara LLP, New York, NY, counsel for Respondent.
Before Board Judges BORWICK, HYATT, and DeGRAFF.
BORWICK, Board Judge.
These appeals involve claims for remission of liquidated damages, equitable adjustment, breach, and rescission filed by appellant, Turner Construction Company, arising from its contract with respondent General Services Administration for the construction of the United States Courthouse and Federal Building, Islip, New York.
The appeals were originally filed at the General Services Board of Contract Appeals (GSBCA) as GSBCA 15502, 16055, and 16551. On January 6, 2007, pursuant to section 847 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. No. 109-163, 119 __________________________
_______________________________ ________________________________ Stat. 3391, the GSBCA was terminated and its cases, personnel, and other resources were transferred to the newly-established Civilian Board of Contract Appeals (CBCA). The appeals were re-docketed as CBCA 387, 388, and 399.
2CBCA 387, 388, 399
Pursuant to Board Rule 25(b), the parties have submitted a joint settlement stipulation setting forth the award in the amount of $26,500,000 inclusive of interest under the Contract Disputes Act, 41 U.S.C. §§ 601-613. The parties state that the parties will not seek reconsideration of, or relief from, the Board’s decision and they will not appeal the decision. The Board adopts the parties’ stipulation by decision. Pursuant to Board Rule 25(b), the Board’s decision is an adjudication on the merits.
Decision
These appeals are GRANTED IN PART in the amount of $26,500,000 inclusive of interest under the Contract Disputes Act.
ANTHONY S. BORWICK
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
MARTHA H. DeGRAFF
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Turner Construction Company, CBCA 387, 388, 399. 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.