CBCA 503, 1436, 2067, 2109, 2239

Dick Corporation

Mar 2, 2011Judge DanielsGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in part

Key Facts

Appellant
Dick Corporation
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Daniels
Case number
CBCA 503, 1436, 2067, 2109, 2239This cell names 5 dockets: 503, 1436, 2067, 2109, 2239.
Decided
Mar 2, 2011The decision states Mar 2, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Bradley Arant Boult Cummings LLP, Braude & Margulies, PC, Lowndes, Drosdick, Doster, Kantor & Reed
Outcome
Granted in part
Each of the appeals is GRANTED 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.

Topics

Payment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Douglas L. Patin and Eric A. Frechtel
Bradley Arant Boult Cummings LLP
Washington, DC
For the appellant
Herman Braude and Steven Doherty
Braude & Margulies, PC
Washington, DC
For the appellant
Charles Mitchell
Rockville, MD
For the appellant
Joseph Lane
Lowndes, Drosdick, Doster, Kantor & Reed
Orlando, FL
For the respondent
Dalton F. Phillips and Catherine Crow and Mel E. Myers
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 decision3 pages, 3,262 characters, read from the Board's own documentDecided Mar 2, 2011 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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GRANTED IN PART: March 2, 2011

CBCA 503, 1436, 2067, 2109, 2239

DICK CORPORATION,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Douglas L. Patin and Eric A. Frechtel of Bradley Arant Boult Cummings LLP,

Washington, DC; Herman Braude and Steven Doherty of Braude & Margulies, PC,

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.

Washington, DC; Charles Mitchell, Rockville, MD; and Joseph Lane of Lowndes, Drosdick, Doster, Kantor & Reed, Orlando, FL, counsel for Appellant.

Dalton F. Phillips, Catherine Crow, and Mel E. Myers, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), STERN, and GOODMAN.

DANIELS, Board Judge.

Dick Corporation (Dick) constructed a new United States Courthouse in Miami, Florida, under a contract with the General Services Administration (GSA). Disputes arose under the contract, and each party made claims in the tens of millions of dollars against the other party. These claims were the subject of GSA contracting officers’ decisions. Dick appealed several of these decisions to the Board. The cases remaining on our docket are CBCA 503 (claim by Dick), CBCA 1436 (claim by Dick on behalf of itself and _________________________ 2 CBCA 503, 1436, 2067, 2109, 2239 subcontractors Dynalectric Company and John J. Kirlin, Inc.; counterclaim by GSA), CBCA 2067 (claim by GSA), CBCA 2109 (claim by Dick on behalf of subcontractor Acousti Engineering Company of Florida), and CBCA 2239 (claim by Dick on behalf of subcontractor Cyrus Technologies, Inc.).

After mediation of the disputes by a Board judge, the parties entered into a settlement agreement and filed a motion for a stipulated award. The agreement and motion provide for an award by GSA to Dick in the amount of $12,128,131 plus interest. Interest is to be calculated as follows: Interest shall be paid on $9,368,131 at the rates provided pursuant to the Contract Disputes Act, 41 U.S.C. § 7109(b) (as codified by Pub. L. No. 111-350, 124 Stat. 3677, 3826 (2011)), beginning on February 13, 2008, and ending on November 5, 2010. Interest shall be paid on $500,000 at the rates provided pursuant to that Act beginning on February 25, 2010, and ending on November 5, 2010. Interest shall be paid on the sum of $12,128,131, plus the interest calculated in accordance with the two preceding sentences, at the rates provided pursuant to the Prompt Payment Act, 31 U.S.C. § 3902 (2006) (as amended by § 5(h)(7) of Pub. L. No. 111-350), beginning on February 3, 2011, and ending on the date of payment.

The parties have represented that neither of them will seek reconsideration of or relief from a Board decision which incorporates these provisions, and neither will appeal such a decision.

Decision

The motion is granted. Rule 25(b) (48 CFR 6101.25(b) (2010)). Each of the appeals is GRANTED IN PART. The General Services Administration shall pay to Dick Corporation $12,128,131 plus interest calculated as provided above. This award shall be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304. 41 U.S.C. § 7108. STEPHEN M. DANIELS

Board Judge

________________________ _________________________ We concur:

3CBCA 503, 1436, 2067, 2109, 2239

JAMES L. STERN ALLAN H. GOODMAN

Board Judge Board Judge

This is a verbatim capture of the text layer of the Board's own document in Dick Corporation, CBCA 503, 1436, 2067, 2109, 2239. 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.

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