CBCA 420, 450, 451, 1307, 1855

Dick/Morganti, a Joint Venture

Oct 8, 2010Judge BorwickGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Dick/Morganti, a Joint Venture
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Borwick
Case number
CBCA 420, 450, 451, 1307, 1855This cell names 5 dockets: 420, 450, 451, 1307, 1855.
Decided
Oct 8, 2010
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
Bowles & Verna LLP, Howrey LLP, Woods & Aitken, LLP
Outcome
Granted in partEntered by agreement of the parties.
Pursuant to parties' motion for stipulated judgment, the Board GRANTS THE APPEALS IN PART.
Read from this decision's own closing paragraph, which is what the Board printed where it printed no disposition line, and quoted from its operative sentence above. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

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
Kerry L. Kester and Joel D. Heusinger
Woods & Aitken, LLP
Lincoln, NE
For the appellant
Barbara G. Werther
Howrey LLP
Washington, DC
For the appellant
John W. Ralls
Howrey LLP
San Francisco, CA
For the appellant
Richard T. Bowles and Kenneth G. Jones
Bowles & Verna LLP
Walnut Creek, CA
For the respondent
Thomas Y. Hawkins and Jay N. Bernstein and Lesley M. Busch and Heather R. Cameron
Office of General Counsel, General Services Administration
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.

Research This Decision

Create a free account to open this decision in the CBCA workspace: a grounded decision brief drafted from the Board's own words, the Insights dashboard over the whole corpus, and the filtered browser.

CBCA Decision Brief

A Workflows Hub brief on this decision, drafted from the captured text with every quote and authority checked against it.

Insights

Who prevails before the Board, by topic and by judge, with every denominator visible: merits rulings, not decisions.

Browse with Filters

The whole corpus by year, decision type, topic, judge and disposition, searchable across the decisions' own text.

Full Decision

Full text of the decision3 pages, 4,557 characters, read from the Board's own documentRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 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.

Contract Disputes Act1
Other statutes1
Agency FAR supplements1

Read from the decision's own words with no model involved. Statutes, regulations, the acts these forums argue by name, and cases at the board, this office or the Comptroller General are recognized; any other citation form is left out rather than guessed at, so this is a floor on what the decision cites.

October 8, 2010: GRANTED IN PART

CBCA 420, 450, 451, 1307, 1855

DICK/MORGANTI, A JOINT VENTURE,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Kerry L. Kester and Joel D. Heusinger of Woods & Aitken, LLP, Lincoln, NE;

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.

Barbara G. Werther of Howrey LLP, Washington, DC; John W. Ralls of Howrey LLP, San Francisco, CA; and Richard T. Bowles and Kenneth G. Jones of Bowles & Verna LLP, Walnut Creek, CA, counsel for Appellant.

Thomas Y. Hawkins, Jay N. Bernstein, Lesley M. Busch, and Heather R. Cameron, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), BORWICK, and GOODMAN.

BORWICK, Board Judge.

Background

These appeals involve claims for equitable adjustments arising out of a contract for construction of the San Francisco Federal Building under contract no. GS-09-P-02-KTC 0002. The parties to the contract are Dick/Morganti, a Joint Venture (D/M or appellant), and the General Services Administration (GSA or respondent).

2CBCA 420, 450, 451, 1307, 1855

Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2009)), the parties have submitted a motion, dated September 30, 2010, for entry of a stipulated judgment . The parties stipulate to the award of $27,667,001 plus interest, as described below.

Interest on $26,000,000 shall be paid to appellant at the rates applicable pursuant to the Contract Disputes Act, from August 27, 2010 until paid. Interest on $1,667,001, shall be paid to appellant at the rates applicable pursuant to the Contract Disputes Act, from April 25, 2008, until paid.

Subject to the reservations set forth below, the parties stipulate that upon the entry of the requested final judgment, all disputes, claims, counterclaims, and issues will be finally resolved relating to CBCA 420, 450, 451, 1307, and 1855.

The parties reserve the following:

. (a) GSA’s right to assert future claims for latent defects in the work on the project, but only for latent defects which are unknown to the GSA as of the date of the Settlement Agreement.

(b) GSA’s right to assert future claims for any currently existing warranties, if any, set forth in the contract. GSA represents that it is not currently aware of any such warranty claims.

(c) D/M’s indemnity obligations, if any, arising from prospective third party claims for personal injury or property damage related to the project. GSA represents that it is not currently aware of any such personal injury or property damage claims.

(d) GSA’s rights, if any, with respect to work associated with alleged deficiencies in the following deficiency reports: DR 824 (Cut Steel and Rolling Gate), DR 784 (Core at Stair 8), DR 761 (Freestanding Walls at Levels 12-18), DR 781R1 (Skewed Anchor Bolts), and DR 620 (Stair 3, Shims & Grout at the Plates).

(e) GSA’s rights arising from the terms of a separate agreement with Permasteelisa, a subcontractor of D/M, resolving a dispute concerning operation of the project’s actuator/scrim panels (D/M Issue 2407, GSA Credit issue C104).

________________________________

_______________________________ ________________________________ (f) Claims, damages and remedies arising from the breach of any of the obligations, covenants and warranties in the Settlement Agreement.

3CBCA 420, 450, 451, 1307, 1855

The matters reserved are not encompassed in any of the cases currently before the Board. If a claim arises with regard to any of these matters and an appeal ensues, that appeal will be docketed under a new CBCA number.

Pursuant to Rule 25(b) of the Board’s Rules of Procedure, appellant and respondent certify that they will not seek review or reconsideration of judgment so rendered. With respect to the decision of the Board issued pursuant to the motion for stipulated judgment, appellant and respondent waive their rights to reconsideration under Rule 26, rights to relief from judgment under Rule 27, and rights to appeal the decision.

Decision

Pursuant to parties’ motion for stipulated judgment, the Board GRANTS THE APPEALS IN PART. Appellant is awarded $27,667,001, with interest on $26,000,000 to be paid to appellant at the rates applicable pursuant to the Contract Disputes Act, from August 27, 2010, until paid and interest on $1,667,001, to be paid to appellant at the rates applicable pursuant to the Contract Disputes Act, from April 25, 2008, until paid. Payment shall be made from the permanent indefinite judgment fund, 31 U.S.C.§ 1304.

ANTHONY S. BORWICK

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

ALLAN H. GOODMAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Dick/Morganti, a Joint Venture, CBCA 420, 450, 451, 1307, 1855. 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.

Related Decisions

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.