CBCA 5629

Hathaway Dinwiddie Construction Co.

Feb 15, 2017Judge KullbergGENERAL SERVICES ADMINISTRATION
DecisionGranted in partby agreement

Key Facts

Appellant
Hathaway Dinwiddie Construction Co.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Kullberg
Case number
CBCA 5629
Decided
Feb 15, 2017The decision states Feb 15, 2017 on its own face, which agrees with the listing.
Decision type
DecisionThe Board's listing prints this cell as "Decison".
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Granted in partEntered by agreement of the parties.
The Board GRANTS IN PART the appeal.
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

The topic rules ran over this decision's own words and none of them matched.

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Appearances

For the appellant
Philip E. Fagone
Belmont, CA
For the respondent
Jay Bernstein
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 decision2 pages, 1,316 characters, read from the Board's own documentDecided Feb 15, 2017 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.

Contract Disputes Act1
Other statutes1
Agency FAR supplements1

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GRANTED IN PART: February 15, 2017

CBCA 5629

HATHAWAY DINWIDDIE CONSTRUCTION CO.,

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.

Philip E. Fagone, Belmont, CA, counsel for Appellant.

Jay Bernstein, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges VERGILIO, KULLBERG, and SULLIVAN.

KULLBERG, Board Judge.

On February 10, 2017, the parties submitted to the Board a joint motion for judgment on a stipulated settlement. The parties requested that the Board enter judgment in the amount of $4,600,000, with payment to be made through the judgment fund in accordance with 31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108. Rule 25(b) (48 CFR 6101.25(b) (2015)). 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.

Decision

The Board GRANTS IN PART the appeal. In accordance with the parties’ joint motion, the Board awards appellant the stipulated settlement amount of $4,600,000. Rule 25(b).

______________________

H. CHUCK KULLBERG

Board Judge

We concur:

JOSEPH A. VERGILIO

Board Judge

MARIAN E. SULLIVAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Hathaway Dinwiddie Construction Co., CBCA 5629. 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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