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.