DISMISSED WITH PREJUDICE: March 11, 2016
CBCA 4937, 4938
LEGION CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kristen Schuler Scammon of Torres, Scammon & Day, LLP, Boston, MA, 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.
Jeanne S. Morris, Office of Regional Counsel, Department of Veterans Affairs, Leeds, MA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
The Department of Veterans Affairs (VA) contracted with Legion Construction, Inc.
(Legion) for the renovation of a building at the VA Medical Center in Brockton, Massachusetts. Legion contended that the contract required replacement of existing sprinkler heads, rather than installation of a new sprinkler system, in portions of the kitchen area and in the conference room, but the VA required the contractor to install new systems in those locations. Legion claimed that the agency’s instruction added $40,737.65 to the cost of the work – $15,027.65 in the kitchen area and $25,710 in the conference room. The contracting officer denied the claims. Legion appealed the decisions to the Board, where the cases were docketed as CBCA 4937 (kitchen area) and 4938 (conference room).
The parties have now resolved their disputes and settled the cases. Legion moves the Board, with the VA’s assent, to dismiss the cases with prejudice.
Accordingly, the cases are DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Legion Construction, Inc., CBCA 4937, 4938. 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.