CBCA 5806

Herman Construction Group, Inc.

Jul 16, 2018Judge BeardsleyDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
Herman Construction Group, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Beardsley
Case number
CBCA 5806
Decided
Jul 16, 2018The decision states Jul 16, 2018 on its own face, which agrees with the listing.
Decision type
Decision
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.
Pursuant to the parties' joint motion for judgment on stipulated settlement, the Board GRANTS the appeal 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

Jurisdiction and timeliness

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Appearances

For the appellant
Jessica L. Mulvaney and William L. Bruckner
San Diego, CA
For the respondent
David G. Fagan
Office of General Counsel, Department of Veterans Affairs
Portland, OR
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, 1,955 characters, read from the Board's own documentDecided Jul 16, 2018 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS 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

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: July 16, 2018

CBCA 5806

HERMAN CONSTRUCTION GROUP, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Jessica L. Mulvaney and William L. Bruckner of the 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 BEARDSLEY, SULLIVAN, and RUSSELL.

BEARDSLEY, Board Judge.

On August 4, 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 $907,976.61.

On July 12, 2018, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2017)) and the terms of a settlement agreement, the parties jointly moved for a judgment based on a stipulated settlement in the amount of $450,000, and they indicated that the amount would be paid from the judgment fund, 31 U.S.C. § 1304 (2012).

The parties also agreed that interest pursuant to the Contract Disputes Act (CDA), 41 U.S.C. § 7109, on the amount of $450,000 would begin to accrue on August 10, 2018, if the settlement amount had not been paid by that date, and the interest would continue to accrue until payment was made. Appellant waived any further right to recover interest, or for attorney fees, costs, or expenses incurred in conjunction with the appeal. In addition, the parties stated that they will not seek reconsideration of, or relief from, this decision and will not appeal it.

Decision

Pursuant to the parties’ joint motion for judgment on stipulated settlement, the Board GRANTS the appeal IN PART. Appellant is awarded a total of $450,000, with additional interest, if any, that may accrue pursuant to the agreement of the parties.

Erica S. Beardsley

Board Judge

We concur:

Marian E. Sullivan

Board Judge

Beverly M. Russell

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Herman Construction Group, Inc., CBCA 5806. 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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