GRANTED IN PART: August 16, 2017
CBCA 4597
MCCARTHY BUILDING COMPANIES, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Eric L. Nelson and Harry Z. Rippeon III of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant.
Eyvonne Alston, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, KULLBERG, and ZISCHKAU.
ZISCHKAU, Board Judge.
On August 10, 2017, the parties submitted a joint request for a stipulated decision, advising that the parties had entered into a stipulation of settlement for the captioned appeal, and requesting a stipulated award in favor of appellant in the amount of $683,657, plus interest pursuant to the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), from December 22, 2014, until the date of payment. The agency intends to make payment through the permanent indefinite judgment fund, 31 U.S.C. § 1304, such amount to constitute full and complete settlement and satisfaction of all claims and issues arising out of or relating to the contract and the captioned appeal. The parties stipulate that neither party will initiate any proceeding for review, reconsideration, or appeal of the stipulated award in the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulated settlement, the Board awards appellant $683,657, plus CDA interest (see 41 U.S.C. § 7109(b)) from December 22, 2014, until the date of payment. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
_______________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
JERI KAYLENE SOMERS
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in McCarthy Building Companies, Inc., CBCA 4597. 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.