GRANTED IN PART: January 17, 2008
CBCA 456
BIRD CONSTRUCTION (USA), INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
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.
Michael D. Strong of Lathrop & Gage L.C., Kansas City, MO, counsel for Appellant. Robert M. Notigan, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges PARKER, GILMORE, AND BORWICK.
GILMORE, Board Judge.
On or about May 31, 2002, Bird Construction (USA), Inc., (Bird) was awarded a contract by the General Services Administration (GSA) in the amount of $12,625,000 to provide general contracting services for the United States border station in Sault Sainte Marie, Michigan. During the course of the project, Bird submitted proposed change orders (PCOs) requesting compensation and time extensions because of various changes to the project’s design and scope. The PCOs included monetary claims in the amount of $864,927.75. On February 27, 2006, the contracting officer issued a final decision approving some of the PCOs and rejecting others. Bird then filed this appeal asserting that GSA owes it the entire amount claimed of $864,927.75.
____________________________
____________________________ ____________________________
2 CBCA 456
Bird and the GSA have now filed a joint motion for a stipulated judgment. The parties request that judgment in the amount of $525,000, inclusive of all interest and fees, be entered in favor of appellant, Bird. The parties further certify that they shall not seek review or reconsideration of the judgment. With respect to the decision, the parties waive their rights to reconsideration, to relief from judgment, and to appeal the decision. The appeal is GRANTED IN PART. The General Services Administration shall pay to Bird Construction (USA), Inc., the sum of $525,000. Rule 25(b). This sum shall be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2000).
BERYL S. GILMORE
Board Judge
We concur:
ROBERT W. PARKER
Board Judge
ANTHONY S. BORWICK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Bird Construction (USA), Inc., CBCA 456. 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.