GRANTED IN PART: September 3, 2015
CBCA 4599
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.
Beth K. Chesney and Charlma Quarles, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, STERN, and ZISCHKAU.
ZISCHKAU, Board Judge.
On August 19, 2015, the parties submitted a joint request for stipulated decision, advising that the parties had entered into a settlement agreement for the captioned appeal, and requesting a stipulated award in favor of appellant in the amount of $398,433 for increased costs for bond and insurance premiums arising out of additional work performed on the contract as directed by the Department of Veterans Affairs.
In settlement, the Government agrees to pay appellant $398,433, such amount to be inclusive of interest, with each party responsible for its own costs, attorney fees, and expenses incurred in this litigation. The parties ask that the Board enter judgment for $398,433 with payment to be made through the permanent indefinite judgment fund. The joint stipulation of the parties provides that neither party will seek reconsideration of, or relief from the Board’s decision, and neither party will appeal the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulated settlement, the Board awards appellant $398,433. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
_______________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
JERI K. SOMERS
Board Judge
JAMES L. STERN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in McCarthy Building Companies, Inc., CBCA 4599. 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.