CBCA 4350, 4781

Archer Western/DeMaria JV II

Sep 3, 2015Judge HyattDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted

Key Facts

Appellant
Archer Western/DeMaria JV II
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Hyatt
Case number
CBCA 4350, 4781This cell names 2 dockets: 4350, 4781.
Decided
Sep 3, 2015The decision states Sep 3, 2015 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Kilpatrick Townsend & Stockton LLP
Outcome
Granted
The appeals are GRANTED.
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

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
William E. Dorris and Gautam Y. Reddy
Kilpatrick Townsend & Stockton LLP
Atlanta, GA
For the respondent
Khaliah M. Wrenn and Charlma J. Quarles
Office of General Counsel, Department of Veterans Affairs
Washington, DC
For the respondent
Helen S. Henningsen
Office of General Counsel, Department of Veterans Affairs
Milwaukee, WI
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 decision2 pages, 2,894 characters, read from the Board's own documentDecided Sep 3, 2015 on its own faceRespondent DEPARTMENT 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.

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.

GRANTED: September 3, 2015

CBCA 4350, 4781

ARCHER WESTERN/DeMARIA JV II,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

William E. Dorris and Gautam Y. Reddy of Kilpatrick Townsend & Stockton LLP,

Atlanta, GA, counsel for Appellant.

Khaliah M. Wrenn and Charlma J. Quarles, Office of General Counsel, Department

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.

of Veterans Affairs, Washington, DC; and Helen S. Henningsen, Office of General Counsel, Department of Veterans Affairs, Milwaukee, WI, counsel for Respondent.

Before Board Judges SOMERS, HYATT, and ZISCHKAU.

HYATT, Board Judge.

The Department of Veterans Affairs (VA) and Archer Western/DeMaria JV II (AWD) entered into a contract for the construction of an addition and improvements to the mental health inpatient and outpatient facility located at the VA Medical Center in Bay Pines, Florida. During performance of the contract, a dispute arose concerning whether the VA or AWD was responsible for supplying fuel oil for the underground tanks for the electrical generator. AWD submitted a letter to the contracting officer seeking a determination with respect to this issue, and the contracting officer decided that AWD was contractually required to initially fill the tanks. AWD’s appeal of this decision was docketed by the Board as CBCA 4350. AWD filled the tanks with oil and submitted a certified monetary claim to the contracting officer, seeking reimbursement of the amount of $343,601 for the costs it incurred in complying with the VA’s determination. The denial of this claim was also appealed to the Board, and docketed as CBCA 4781. The two claims were consolidated for further proceedings and the parties undertook to negotiate a resolution of their differences. The parties have now executed a stipulation of settlement, fully resolving all claims and issues in the consolidated appeals. Under this agreement, the VA will pay to AWD the amount of $343,601 in full settlement of all costs, direct and indirect, related to the appeals, including, but not limited to, all interest.

The parties have filed a joint motion for stipulated judgment pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2014)). In this motion, they ask the Board to award to AWD the amount of $343,601, inclusive of all interest, in accordance with the terms of the stipulation of settlement. The parties state that they will not seek reconsideration of, or relief from, a Board decision which awards the stipulated amount, and will not appeal the decision.

Decision

The appeals are GRANTED. The Department of Veterans Affairs shall pay to Archer Western/DeMaria JV II the amount of $343,601. This payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012).

_________________________________

CATHERINE B. HYATT

Board Judge

We concur:

JERI KAYLENE SOMERS

Board Judge

JONATHAN D. ZISCHKAU

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Archer Western/DeMaria JV II, CBCA 4350, 4781. 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

Same Judge

Same Year

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.