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.