CBCA 562, 563

Avino Construction, Inc.

Aug 9, 2007Judge PollackDEPARTMENT OF AGRICULTURE
Not published in the listingSettled

Key Facts

Appellant
Avino Construction, Inc.
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Pollack
Case number
CBCA 562, 563This cell names 2 dockets: 562, 563.
Decided
Aug 9, 2007The decision states Aug 9, 2007 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
Camardo Law Firm, P.C.
Outcome
Settled
On August 8, 2007, the Board was advised in a telephone conference that the settlement has been paid and the parties have agreed that the appeals be dismissed with prejudice. ___________________________ 2 Accordingly, the appeals are DISMISSED WITH PREJUDICE.
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

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Appearances

For the appellant
Kevin M. Cox
Camardo Law Firm, P.C.
Auburn, NY
For the respondent
Mark R. Simpson
Office of the General Counsel, Department of Agriculture
Atlanta, GA
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 decision2 pages, 1,322 characters, read from the Board's own documentDecided Aug 9, 2007 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED WITH PREJUDICE: August 9, 2007

AVINO CONSTRUCTION, INC.,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, 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.

Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.

POLLACK, Board Judge.

Order

These appeals arise out of separate final decisions, each on a separate contract between Avino Construction, Inc. and the Department of Agriculture, Forest Service (FS), Francis Marion & Sumter National Forests. Avino sought funds being withheld by the FS on the contracts, the FS contending that it was entitled to the sums due to forbearing in default proceedings and allowing Avino to continue work beyond the contract end date. The Board was initially advised by letter dated February 27, 2007, that the appellant was prepared to dismiss the case on the basis of a settlement with the FS. Issues relating to the verification of payment, however, arose and the Board held off on dismissal. On August 8, 2007, the Board was advised in a telephone conference that the settlement has been paid and the parties have agreed that the appeals be dismissed with prejudice.

___________________________

2 CBCA 562, 563

Accordingly, the appeals are DISMISSED WITH PREJUDICE.

HOWARD A. POLLACK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Avino Construction, Inc., CBCA 562, 563. 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.

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