CBCA 4153, 4154, 4155, 4156, 4157, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230

Kiewit Turner, A Joint Venture

Mar 11, 2015Judge SteelDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
Kiewit Turner, A Joint Venture
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Steel
Case number
CBCA 4153, 4154, 4155, 4156, 4157, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230This cell names 43 dockets: 4153, 4154, 4155, 4156, 4157, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230.
Decided
Mar 11, 2015The decision states Mar 11, 2015 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Kilpatrick Townsend & Stockton LLP, Peckar & Abramson
Outcome
Granted in partEntered by agreement of the parties.
Accordingly, these appeals are 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

Payment 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.

Appearances

For the appellant
William E. Dorris and Chad V. Theriot and Reginald A. Williamson
Kilpatrick Townsend & Stockton LLP
Atlanta, GA
For the appellant
Michael A. Branca
Peckar & Abramson
Washington, DC
For the respondent
Charlma Quarles and Stacey North-Willis and Khaliah Wrenn and Benjamin Diliberto and Eyvonne Mallett
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, 2,660 characters, read from the Board's own documentDecided Mar 11, 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

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GRANTED IN PART: March 11, 2015

CBCA 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165,

4166, 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215,

4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229,

4230

KIEWIT-TURNER, A JOINT VENTURE,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

William E. Dorris, Chad V. Theriot, and Reginald A. Williamson, of Kilpatrick

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.

Townsend & Stockton LLP, Atlanta, GA; and Michael A. Branca of Peckar & Abramson, P.C., Washington, DC, counsel for Appellant.

Charlma Quarles, Stacey North-Willis, Khaliah Wrenn, Benjamin Diliberto, and Eyvonne Mallett, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.

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

STEEL, Board Judge.

On various dates in September and October 2014, appellant, Kiewit-Turner, a Joint Venture, filed the above-captioned appeals arising out of its contract with the Department of Veterans Affairs, respondent, to construct a medical center campus in Aurora, Colorado. These appeals seek a total of $8,530,558, as well as various time extensions.

CBCA 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 2 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230 On March 4, 2015, the parties filed a joint motion for judgment on stipulation of settlement. The motion seeks a decision in favor of appellant in the total amount of $4,324,433 plus interest commencing on November 4, 2013, in accordance with the Contract Disputes Act, 41 U.S.C. § 7109 (2012). The settlement agreement also provides that respondent will not assess liquidated damages for any delays in completing contract line item number 0002AA01 CBS Renovation.

By supplement to the joint stipulation of settlement, the parties agree that they will not seek reconsideration of, or relief from, the Board’s decision, and they will not appeal the decision.

Decision

Accordingly, these appeals are GRANTED IN PART. In accordance with the parties’ motion, the Board awards to Kiewit-Turner, A Joint Venture, the sum of $4,324,433 plus interest commencing on November 4, 2013, at rates calculated pursuant to the Contract Disputes Act, 41 U.S.C. § 7109, to 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 4153, 4154, 4155, 4156, 4157, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230. 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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