CBCA 461, 1158, 1243, 1265

P.J. Dick, Incorporated

Dec 1, 2011Judge GoodmanGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in partby agreement

Key Facts

Appellant
P.J. Dick, Incorporated
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Goodman
Case number
CBCA 461, 1158, 1243, 1265This cell names 4 dockets: 461, 1158, 1243, 1265.
Decided
Dec 1, 2011The decision states Dec 1, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
K&L Gates LLP
Outcome
Granted in partEntered by agreement of the parties.
Accordingly, these appeals are GRANTED IN PART.
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
Lawrence M. Prosen and Brian Cohen
K&L Gates LLP
Washington, DC
For the respondent
Dalton F. Phillips and Lesley M. Busch
Office of General Counsel, General Services Administration
Washington, DC
For the respondent
Timothy C. Tozer
Office of Regional Counsel, General Services Administration
Washington, DC
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.

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Full Decision

Full text of the decision3 pages, 2,619 characters, read from the Board's own documentDecided Dec 1, 2011 on its own faceRespondent GENERAL SERVICES ADMINISTRATION 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.

Contract Disputes Act1
Other statutes1

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GRANTED IN PART: December 1, 2011

CBCA 461, 1158, 1243, 1265

P.J. DICK, INCORPORATED,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Lawrence M. Prosen and Brian Cohen of K&L Gates 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.

Dalton F. Phillips and Lesley M. Busch, Office of General Counsel, General Services Administration, Washington, DC; and Timothy C. Tozer, Office of Regional Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges GOODMAN, BORWICK, and McCANN.

GOODMAN, Board Judge.

In these consolidated appeals, appellant P.J. Dick, Inc., appealed decisions of a contracting officer of respondent General Services Administration (GSA), arising from its contract for construction of the National Oceanic & Atmospheric Administration/ NESDIS Satellite and Operations Facility located in Suitland, Maryland (the project).

On November 30, 2011, the parties filed a joint motion for stipulated award and dismissal with prejudice, stating in part that: ________________________

_________________________ ________________________ 2 CBCA 461, 1158, 1243, 1265

Appellant and Respondent have agreed that, in full and final settlement of all claims which arose out of the construction of [the project]. Appellant and Respondent request that the Board enter Judgment for Appellant in the above-referenced appeals in the total sum of $904,053, consisting of a payment of the remaining contract balance from GSA project funds, totaling $37,038.17 and $867,014.00 to be paid from the Judgment Fund.1 Interest shall be paid on only $720,000.00 based on the applicable Contract Disputes Act rate, beginning June 4, 2011 until paid along with payment of $147,014.00 on which no interest shall be due.

In their joint motion, the parties agree that they will not seek reconsideration of or relief from this Board’s decision awarding judgment, and that they will not appeal the Board’s decision.

Decision

Accordingly, these appeals are GRANTED IN PART. In accordance with the parties’ motion, the Board awards the total sum of $904,053, with $867,014 to be paid from the judgment fund. As to the amount paid from the judgment fund, interest will accrue only on $720,000 in accordance with the Contract Disputes Act, if payment is not made within the time period specified in the motion, and no interest will accrue on the additional amount of $147,014. 31 U.S.C. § 1304 (2006).

ALLAN H. GOODMAN

Board Judge

We concur:

ANTHONY S. BORWICK

Board Judge

R. ANTHONY McCANN

Board Judge

1The parties have rounded these amounts up to the next dollar.

3CBCA 461, 1158, 1243, 1265

This is a verbatim capture of the text layer of the Board's own document in P.J. Dick, Incorporated, CBCA 461, 1158, 1243, 1265. 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.

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