DISMISSED FOR LACK OF JURISDICTION: July 24, 2015
CBCA 4829
UNITED VETERANS CONSTRUCTION, LLC,
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.
George S. Hammer, President of United Veterans Construction, LLC, Samson, AL, appearing for Appellant.
Brian R. Reed, Chicago Office of Regional Counsel, Department of Veterans Affairs, Charleston, IL, counsel for Respondent.
Before Board Judges VERGILIO, DRUMMOND and ZISCHKAU.
VERGILIO, Board Judge.
United Veterans Construction, LLC (contractor) filed an appeal at the Board concerning its requests for equitable adjustment under its contract, VA69D-C-1722, with the Department of Veterans Affairs (agency). The agency has moved to dismiss for lack of jurisdiction, contending that although the contractor presented requests for equitable adjustment it failed to present a claim to the contracting officer. The agency concluded that the contractor was entitled to some but not all of the requested relief. The agency wrote to the contractor that it could file a claim should it disagree with the proposed resolution. The contractor did not file a claim with the agency. In response, the contractor does not object to the requested dismissal for lack of jurisdiction.
Accordingly, the Board does not reach the merits of the appeal; instead, the appeal is DISMISSED FOR LACK OF JURISDICTION.
____________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
JEROME M. DRUMMOND
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in United Veterans Construction, LLC, CBCA 4829. 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.