GRANTED IN PART: December 14, 2009
CBCA 518, 519, 764, 765, 1202
DICK CORPORATION/MATT CONSTRUCTION, A JOINT VENTURE,
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.
Randall F. Hafer and Frank L. Bigelis of Kilpatrick Stockton LLP, Atlanta, GA; and Michael T. Ambroso of Dick Corporation, Pittsburgh, PA, counsel for Appellant.
Heather R. Cameron, James F. H. Scott, and Lesley M. Busch, Office of the General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), BORWICK, and GOODMAN.
DANIELS, Board Judge.
Dick Corporation/Matt Construction, A Joint Venture (Dick/Matt) built the United States Courthouse in Fresno, California, under a contract with the General Services Administration (GSA). A series of disputes arose between the parties, and Dick/Matt eventually appealed to the Board GSA contracting officer decisions denying claims totaling $9,868,463.87. The appeals were docketed as follows: -- CBCA 518: $96,480 for alleged additional engineering costs associated with GSA Bulletin Nos. 19 and 26;
_________________________ - CBCA 519: $372,463.87 for alleged additional utility services incurred after Dick/Matt’s planned substantial completion date; - CBCA 764: $430,500 for alleged wrongfully assessed liquidated damages; - CBCA 765: $624,821 for amounts withheld for alleged deficiencies; and - CBCA 1202: $8,344,199 for direct and indirect costs allegedly incurred due to (a) delays and impacts arising from design deficiencies and (b) GSA’s maladministration of the request for information, change order, and punch-list processes.
2CBCA 518, 519, 764, 765, 1202
The parties have now resolved their differences and asked the Board to issue a decision requiring GSA to pay to Dick/Matt the stipulated sum of $4,750,000 plus interest, calculated at the applicable Department of the Treasury rate pursuant to the Contract Disputes Act, 41 U.S.C. § 611 (2006), from August 15, 2009, until the date of payment. The parties have represented that neither will seek reconsideration of or relief from a decision which adopts this stipulated settlement, and that neither will appeal such a decision.
Decision
Each of the appeals is GRANTED IN PART. GSA shall pay to Dick/Matt $4,750,000 plus interest, calculated at the applicable Department of the Treasury rate pursuant to the Contract Disputes Act, 41 U.S.C. § 611 (2006), from August 15, 2009, until the date of payment. These funds shall be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
STEPHEN M. DANIELS
Board Judge
_________________________ _________________________ We concur:
3CBCA 518, 519, 764, 765, 1202
ANTHONY S. BORWICK 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/Matt Construction, a Joint Venture, CBCA 518, 519, 764, 765, 1202. 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.