GRANTED IN PART: June 22, 2017
CBCA 5682
HERMAN CONSTRUCTION GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jessica L. Mulvaney and William L. Bruckner of Bruckner Law Firm, APC, San
Diego, CA, 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.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.
Before Board Judges GOODMAN, DRUMMOND, and LESTER.
GOODMAN, Board Judge.
On March 21, 2017, appellant, Herman Construction Group, Inc., filed this appeal arising from respondent, Department of Veterans Affairs, contracting officer’s final decision denying appellant’s certified claim in the amount of $449,276.40.
On June 21, 2017, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2016)), the parties submitted an executed settlement agreement containing a stipulation of award for judgment in the amount of three hundred twenty-seven thousand, six hundred and seventy-five dollars ($327,675). Their settlement agreement states in relevant part: [Respondent] agrees to pay Appellant $327,675.00 as full and complete settlement of the APPEAL inclusive of all costs, attorney’s fees, and interest; . . . [Appellant] agrees that the payment . . . above shall constitute full and complete settlement [of] the APPEAL arising out of or relating to the CONTRACT, including all costs, attorney’s fees and interest.
Within 14 calendar days of the CBCA issuing an Order adopting the terms of this Agreement, [respondent] agrees to submit and approve all documents necessary to ensure payment by the Judgment Fund; If payment is not made by the Judgment Fund within 30 calendar days after an Order is issued by the CBCA, Appellant will be entitled to interest on the $327,675.00 payment at the rates set by the Treasury Department for the payment of CDA claims. Any interest paid under this paragraph will begin to accrue 31 calendar days after the CBCA issued Order and continue to run until the date of payment.
In addition, pursuant to Rule 25(b), the parties state that they will not seek review or reconsideration of, or relief from, this decision, and will not appeal it.
Decision
Pursuant to the parties’ stipulation for award contained in the settlement agreement, the Board GRANTS the appeal IN PART. Appellant is awarded a total of $327,675, with additional interest, if any, that may accrue pursuant to the agreement of the parties. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012). ____________________
ALLAN H. GOODMAN
Board Judge
We concur:
JEROME M. DRUMMOND
Board Judge
HAROLD D. LESTER, JR.
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Herman Construction Group, Inc., CBCA 5682. 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.