GRANTED IN PART: November 7, 2017
CBCA 5562
ADIRA CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Jack Rephan of Pender & Coward, P.C., Virginia Beach, VA, counsel for Appellant. David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.
Before Board Judges SHERIDAN, KULLBERG, and LESTER.
KULLBERG, Board Judge.
On October 31, 2017, the parties submitted to the Board a joint motion for judgment on stipulated settlement. The parties requested that the Board enter judgment in the amount of $81,000, with payment to be made through the judgment fund in accordance with 31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108. See Rule 25(b) (48 CFR 6101.25(b) (2016)). The parties have agreed that they will not seek appeal of, reconsideration of, or relief from the Board’s decision, and that each party will be responsible for its costs, attorney fees, and expenses incurred in the litigation of this appeal. Additionally, the parties have stipulated, in accordance with the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109, that interest on the amount of $81,000 will begin to accrue on the thirty-first day after the date of this decision if payment has not been received.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ joint motion, the Board awards appellant, Adira Construction, Inc., the stipulated settlement amount of $81,000, with CDA interest beginning to accrue on that amount on the thirty-first day after the date of this decision if payment is not received by that date. Rule 25(b). ______________________
H. CHUCK KULLBERG
Board Judge
We concur:
PATRICIA J. SHERIDAN
Board Judge
HAROLD D. LESTER, JR.
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Adira Construction, Inc., CBCA 5562. 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.