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.