GRANTED IN PART: March 24, 2017
CBCA 4539, 4545
GRUNLEY CONSTRUCTION CO., INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Lawrence M. Prosen and Daniel P. Broderick of Kilpatrick Townsend & Stockton
LLP, Washington, DC, counsel for Appellant.
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.
Jay N. Bernstein and Kristi Singleton, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), ZISCHKAU, and O’ROURKE.
DANIELS, Board Judge.
Under a contract with the General Services Administration, Grunley Construction Co., Inc. modernized the Mary E. Switzer Building in Washington, D.C. The scope of work included the removal of hazardous material, including asbestos abatement, from the building. Disputes about this aspect of the job led to two claims which were placed before the Board in appeals of deemed denials by a contracting officer. One claim, known as the wage rate claim, was in the amount of $320,964; the appeal involving this claim was docketed as CBCA 4539. The other claim, known as the additional asbestos claim, was in the amount of $2,104,068; the appeal involving this claim was docketed as CBCA 4545.
The parties have filed a joint motion for entry of final judgment, in which they ask the Board to enter judgment in favor of the appellant in the two appeals, in the amount of $950,000. The parties have stipulated that a decision making such an award will fully and finally resolve all disputes, claims, counterclaims, and issues related to both appeals. The parties have also certified that they will not seek reconsideration or relief from judgment as to such a decision, and they will not appeal the decision.
Decision
The appeals are GRANTED IN PART. The General Services Administration shall pay to Grunley Construction Co., Inc. $950,000. This amount “shall be paid promptly in accordance with the procedures provided by section 1304 of title 31” of the United States Code. 41 U.S.C. § 7108(a) (2012).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
JONATHAN D. ZISCHKAU
Board Judge
KATHLEEN J. O’ROURKE
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Grunley Construction Co., Inc., CBCA 4539, 4545. 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.