CBCA 4, 345, 346, 347, 348, 349, 350, 585

Bhandari Constructors & Consultants, Inc.

Feb 7, 2007Judge SheridanDEPARTM ENT OF VETERANS AFFAIRS
Not published in the listingGranted in part

Key Facts

Appellant
Bhandari Constructors & Consultants, Inc.
Respondent agency
DEPARTM ENT OF VETERANS AFFAIRS
Judge
Sheridan
Case number
CBCA 4, 345, 346, 347, 348, 349, 350, 585This cell names 8 dockets: 4, 345, 346, 347, 348, 349, 350, 585.
Decided
Feb 7, 2007The decision states Feb 7, 2007 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Alario & Associates, P.C.
Outcome
Granted in part
GRANTED IN PART
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from that line, because the decision's text states no operative ruling we could isolate. No model is involved.

Topics

Changes and equitable adjustmentJurisdiction and timeliness

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
Linda E. Alario
Alario & Associates, P.C.
Syracuse, NY
For the respondent
Kenneth B. MacKenzie and Charlma J. Quarles and Phillipa L. Anderson
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 decision3 pages, 2,595 characters, read from the Board's own documentDecided Feb 7, 2007 on its own faceRespondent DEPARTM ENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

2 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.

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GRANTED IN PART: February 7, 2007

BHANDARI CONSTRUCTORS & CONSULTANTS, INC.,

Appellant,

v.

DEPARTM ENT 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.

Linda E. Alario of Alario & Associates, P.C., Syracuse, NY, counsel for Appellant. Kenneth B. MacKenzie, Charlma J. Quarles, and Phillipa L. Anderson, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.

Before Board Judges McCANN, DRUMMOND, and SHERIDAN.

SHERIDAN, Board Judge.

On or about January 9, 2007, the respondent, Department of Veterans Affairs, and the appellant, Bhandari Constructors & Consultants, Inc., in the above-referenced appeals filed a Joint Motion for Judgment on Stipulated Settlement. The motion enclosed the Stipulation of Settlement, executed on December 22, 2006, December 27, 2006, and January 4, 2007, and entered into by the parties concerning the above-referenced appeals.

The parties recite that the issues which are the subject of these appeals have been resolved and jointly move that the Board enter judgment in favor of Bhandari Constructors & Consultants, Inc. in the amount of $290,100, as follows: 1. Respondent agrees to pay Appellant the amount of $290,100.

________________________ Inasmuch as the parties have stipulated the equitable adjustment due Bhandari Constructors & Consultants, Inc., their Joint Motion for Judgment on Stipulated Settlement is granted. The appeals are GRANTED IN PART. Appellant, Bhandari Constructors & Consultants, Inc., is found entitled to the amount of $290,100, plus interest commencing February 8, 2002, pursuant to the terms and conditions of the Stipulation of Settlement entered into by the parties.

2CBCA 4, 345, 346, 347, 348, 349, 350, 585 2. This amount represents a complete and equitable adjustment to these appeals and includes all costs, both direct and indirect, including attorney’s fees but not interest. Interest will be paid in accordance with the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, commencing February 8, 2002, the date the contracting officer received Appellant’s certified claim. The parties hereby release each other from all liability under Contract No. V689C-616, which release shall become effective and enforceable only upon receipt by Appellant of all amounts due pursuant to this Stipulation of Settlement.

PATRICIA J. SHERIDAN

Board Judge

We concur:

R. ANTHONY McCANN

Board Judge

JEROME M. DRUMMOND

Board Judge

3CBCA 4, 345, 346, 347, 348, 349, 350, 585 18346 CBCA 4, 345-350, 585 BHANDARICONSTRUCTORS.DOC 2/7 Reviewed By: PJS/CLH

This is a verbatim capture of the text layer of the Board's own document in Bhandari Constructors & Consultants, Inc., CBCA 4, 345, 346, 347, 348, 349, 350, 585. 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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