CBCA 3899, 4332

Kiewit-Turner, A Joint Venture

Mar 18, 2015Judge SteelDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in part

Key Facts

Appellant
Kiewit-Turner, A Joint Venture
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Steel
Case number
CBCA 3899, 4332This cell names 2 dockets: 3899, 4332.
Decided
Mar 18, 2015The decision states Mar 18, 2015 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Kilpatrick Townsend & Stockton LLP, Peckar & Abramson, P.C.
Outcome
Granted in part
CBCA 4332 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
William E. Dorris and Chad V. Theriot and Reginald A. Williamson and Elizabeth C. Akins
Kilpatrick Townsend & Stockton LLP
Atlanta, GA
For the appellant
Michael A. Branca
Peckar & Abramson, P.C.
Washington, DC
For the respondent
Charlma Quarles and Cecily Chambliss and Eyvonne Mallett and Benjamin Diliberto and Khaliah M. Wrenn
Office of 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, 2,446 characters, read from the Board's own documentDecided Mar 18, 2015 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1
Agency FAR supplements1

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GRANTED IN PART: March 18, 2015

CBCA 3899, 4332

KIEWIT-TURNER, A JOINT VENTURE,

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.

William E. Dorris, Chad V. Theriot, Reginald A. Williamson, and Elizabeth C. Akins of Kilpatrick Townsend & Stockton LLP, Atlanta, GA; and Michael A. Branca of Peckar & Abramson, P.C., Washington, DC, counsel for Appellant.

Charlma Quarles, Cecily Chambliss, Eyvonne Mallett, Benjamin Diliberto, and Khaliah M. Wrenn, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), POLLACK, and STEEL.

STEEL, Board Judge.

The Department of Veterans Affairs (VA) contracted with Kiewit-Turner, a Joint Venture (KT) for the construction of a medical center campus in Aurora, Colorado. KT submitted claims resulting from changes to the north shore wall drawings and PSN precast columns. A VA contracting officer denied the claims, and KT appealed from his decisions. The appeals were docketed as CBCA 3899 and 4332, respectively. Through these cases, the contractor sought $54,970 and a time extension of forty-nine days.

The parties have now filed a joint motion for judgment on stipulated settlement, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2014)). They ask the Board to award to KT the following amounts:

(a) in CBCA 3899, $29,353 plus interest in accordance with the Contract Disputes Act, 41 U.S.C. § 7109 (2012) (CDA), from June 6, 2013; and (b) in CBCA 4332, $23,860 plus interest in accordance with the CDA from June 17, 2013.

The parties have stipulated that they will not seek reconsideration of, or relief from, a decision which makes such an award, and they will not appeal that decision.

Decision

CBCA 3899 is GRANTED IN PART. In this appeal, the Department of Veterans Affairs shall pay to Kiewit-Turner, a Joint Venture, the sum of $29,353 plus interest in accordance with the CDA from June 6, 2013, until the date of payment.

CBCA 4332 is GRANTED IN PART. In this appeal, the Department of Veterans Affairs shall pay to Kiewit-Turner, a Joint Venture, the sum of $23,860 plus interest in accordance with the CDA from June 17, 2013, until the date of payment.

Both sums shall be paid from the permanent indefinite judgment fund. 31 U.S.C.

§ 1304.

_________________________

CANDIDA S. STEEL

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

HOWARD A. POLLACK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Kiewit-Turner, A Joint Venture, CBCA 3899, 4332. 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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