GRANTED IN PART: January 11, 2017
CBCA 4865, 5071
PERRY BARTSCH JR. CONSTRUCTION COMPANY,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Herman M. Braude and Edward Manchester of Braude Law Group, P.C., 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.
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO, counsel for Respondent.
Before Board Judges SHERIDAN, ZISCHKAU, and O’ROURKE.
O’ROURKE, Board Judge.
On July 15, 2015, appellant, Perry Bartsch Jr. Construction Company, appealed the deemed denial of its claim to respondent, the Department of the Interior, pursuant to the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA). The appeal was docketed as CBCA 4865. The contracting officer subsequently issued a final decision on the claim, which was also appealed to this Board and docketed as CBCA 5071. The Board has jurisdiction over both appeals and consolidated them pursuant to Board Rule 2(d) (48 CFR 6101.2(d) (2015)).
On December 16, 2016, the parties filed a joint stipulation and motion for judgment complying with Board Rule 25(b) which state in relevant part: [T]he parties jointly ask the Board to enter judgment pursuant to 41 U.S.C.
§§ 7105(e) and 7108(b) as follows: (1) granting damages to Appellant in the amount of [$200,500.00]; and (2) interest on damages shall accrue on amounts due but unpaid to Bartsch beginning on the ninety-first day after the entry of decision until payment is made and shall be calculated pursuant to the CDA § 7109(b).
The parties further attest that each will bear its own costs, attorney fees, and expenses, and that neither will seek reconsideration of, or relief from, the Board’s decision, and that neither party will appeal the decision.
Decision
The appeals are GRANTED in part. Appellant is awarded $200,500 plus interest calculated in accordance with the parties’ joint stipulation and motion. ___________________________
KATHLEEN J. O’ROURKE
Board Judge
We concur:
PATRICIA J. SHERIDAN
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Perry Bartsch Jr. Construction Company, CBCA 4865, 5071. 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.