CBCA 518, 519, 764, 765, 1202

Dick Corporation/Matt Construction, a Joint Venture

Dec 14, 2009Judge DanielsGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in part

Key Facts

Appellant
Dick Corporation/Matt Construction, a Joint Venture
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Daniels
Case number
CBCA 518, 519, 764, 765, 1202This cell names 5 dockets: 518, 519, 764, 765, 1202.
Decided
Dec 14, 2009The decision states Dec 14, 2009 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
Kilpatrick Stockton LLP
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

Changes and equitable adjustmentCosts and quantum

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. They are ordered strongest first.

Appearances

For the appellant
Randall F. Hafer and Frank L. Bigelis
Kilpatrick Stockton LLP
Atlanta, GA
For the appellant
Michael T. Ambroso
Dick Corporation
Pittsburgh, PA
For the respondent
Heather R. Cameron and James F. H. Scott and Lesley M. Busch
Office of the 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.

Research This Decision

Create a free account to open this decision in the CBCA workspace: a grounded decision brief drafted from the Board's own words, the Insights dashboard over the whole corpus, and the filtered browser.

CBCA Decision Brief

A Workflows Hub brief on this decision, drafted from the captured text with every quote and authority checked against it.

Insights

Who prevails before the Board, by topic and by judge, with every denominator visible: merits rulings, not decisions.

Browse with Filters

The whole corpus by year, decision type, topic, judge and disposition, searchable across the decisions' own text.

Full Decision

Full text of the decision3 pages, 2,734 characters, read from the Board's own documentDecided Dec 14, 2009 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Other statutes1

Read from the decision's own words with no model involved. Statutes, regulations, the acts these forums argue by name, and cases at the board, this office or the Comptroller General are recognized; any other citation form is left out rather than guessed at, so this is a floor on what the decision cites.

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.

Related Decisions

Same Judge

Same Topic

Same Year

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.