CBCA 4830

Fusco Corporation

Aug 16, 2016Judge WaltersGENERAL SERVICES ADMINISTRATION
DecisionGranted in partby agreement

Key Facts

Appellant
Fusco Corporation
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Walters
Case number
CBCA 4830
Decided
Aug 16, 2016The decision states Aug 16, 2016 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Watt, Tieder, Hoffar & Fitzgerald, LLP
Outcome
Granted in partEntered by agreement of the parties.
Pursuant to the parties' joint motion, the Board GRANTS the appeal 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.

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Appearances

For the appellant
Carter Reid and Scott P. Fitzsimmons
Watt, Tieder, Hoffar & Fitzgerald, LLP
McLean, VA
For the respondent
Jay Bernstein
Office of General 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 decision2 pages, 1,770 characters, read from the Board's own documentDecided Aug 16, 2016 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Other statutes1
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GRANTED IN PART: August 16, 2016

CBCA 4830

FUSCO CORPORATION,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

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.

Carter Reid and Scott P. Fitzsimmons of Watt, Tieder, Hoffar & Fitzgerald, LLP, McLean, VA, counsel for Appellant.

Jay Bernstein, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), KULLBERG, and WALTERS.

WALTERS, Board Judge.

On August 16, 2016, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2015)), the parties submitted a joint motion for entry of final judgment and joint certificate of finality, under which they move the Board to enter final judgment in favor of appellant, Fusco Corporation, in this appeal in the amount of thirteen million five hundred thousand dollars ($13,500,000), pursuant to their settlement agreement of August 11, 2016. The parties indicate that their intent is to have payment of the judgment made to appellant from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012), and that the stipulated judgment amount is inclusive of all costs and fees. In their joint motion, they state that, pursuant to Board Rule 31, they shall not seek review or reconsideration of the judgment, and they waive their rights to reconsideration under Rule 26, their rights to relief from judgment under Rule 27, and any rights to appeal the decision.

Decision

Pursuant to the parties’ joint motion, the Board GRANTS the appeal IN PART. Appellant is awarded a total of $13,500,000. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.

_________________________

RICHARD C. WALTERS

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

H. CHUCK KULLBERG

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Fusco Corporation, CBCA 4830. 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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