CBCA 4730

Patriot Construction, Inc.

Mar 23, 2016Judge HyattDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in part

Key Facts

Appellant
Patriot Construction, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Hyatt
Case number
CBCA 4730
Decided
Mar 23, 2016The decision states Mar 23, 2016 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Rogers Joseph O’Donnell
Outcome
Granted in part
The appeal is 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

Changes and equitable adjustment

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
Patricia A. Meagher
Rogers Joseph O’Donnell
San Francisco, CA
For the respondent
Kate Gorney
Office of the General Counsel, Department of Veterans Affairs
San Francisco, CA
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 decision2 pages, 2,117 characters, read from the Board's own documentDecided Mar 23, 2016 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 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
Agency FAR supplements1

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GRANTED IN PART: March 23, 2016

CBCA 4730

PATRIOT CONSTRUCTION, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Patricia A. Meagher of Rogers Joseph O’Donnell, San Francisco, CA, 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.

Kate Gorney, Office of the General Counsel, Department of Veterans Affairs, San Francisco, CA, counsel for Respondent.

Before Board Judges HYATT, KULLBERG, and SULLIVAN.

HYATT, Board Judge.

The Department of Veterans Affairs (VA) and Patriot Construction, Inc. (Patriot) entered into a contract for work to be performed at the Sacramento VA Medical Center in Mather, California. During contract performance various disputes arose, giving rise to Patriot’s claim for an equitable adjustment in the amount of $1,302,792 for additional and changed work, delay costs, and other related costs.

The parties have executed a stipulation of settlement, fully resolving all claims and issues in the appeal. Under this agreement, the VA has agreed to pay to Patriot the amount of $500,000 as full and complete compensation for all costs, direct and indirect, including, but not limited to, impact on both changed and unchanged work, attorney fees, and all interest associated with the claim asserted in this appeal.

The parties have filed a joint motion for stipulated judgment pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2015)). In this motion, they ask the Board to award to Patriot the amount of $500,000, inclusive of all interest, in accordance with the terms of the stipulation of settlement. The parties state that they will not seek reconsideration of, or relief from, a Board decision which awards the stipulated amount, and will not appeal the decision.

Decision

The appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay to Patriot Construction, Inc. the amount of $500,000. This payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012); 41 U.S.C. § 7108.

_________________________________

CATHERINE B. HYATT

Board Judge

We concur:

H. CHUCK KULLBERG

Board Judge

MARIAN E. SULLIVAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Patriot Construction, Inc., CBCA 4730. 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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