GRANTED IN PART: October 15, 2015
CBCA 3886
MCCARTHY BUILDING COMPANIES, INC.,
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.
Eric L. Nelson and Harry Z. Rippeon III of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant.
Beth K. Chesney and Charlma Quarles, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, KULLBERG, and ZISCHKAU.
ZISCHKAU, Board Judge.
On October 8, 2015, the parties submitted a joint request for stipulated decision, advising that the parties had entered into a settlement agreement for the captioned appeal, and requesting a stipulated award in favor of appellant in the amount of $875,000, plus Contract Disputes Act (CDA) interest from March 5, 2014, until the date of payment, for increased costs for winterization changes and impacts resulting from directives issued by the Department of Veterans Affairs. This payment is to be made through the permanent indefinite judgment fund, such amount to constitute complete compensation for the appellant and its subcontractors for any and all damages and costs, direct and indirect, due to the winterization changes and impacts as alleged in the captioned appeal. The parties stipulate that neither party will seek reconsideration of, or relief from the Board’s decision, and neither party will appeal the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulated settlement, the Board awards appellant $875,000, plus CDA interest (see 41 U.S.C. § 7109(b) (2012)) from March 5, 2014, until the date of payment. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
_______________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
JERI K. SOMERS
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in McCarthy Building Companies, Inc., CBCA 3886. 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.