GRANTED AS TO INTEREST ACCRUAL DATES: April 20, 2022
CBCA 5826, 6861, 6897, 7049
CTA I, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia of Manfredonia Law Offices, LLC, Cresskill, NJ; William
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.
E. Dorris of Kilpatrick Townsend & Stockton LLP, Atlanta, GA; and Brian G. Walsh and
Jennifer Eve Retener of Wiley Rein LLP, Washington, DC, counsel for Appellant.
Harold W. Askins, III, Office of General Counsel, Department of Veterans Affairs, Charleston, SC, and Tyler W. Brown, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.
Before Board Judges GOODMAN, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
The Board’s decision awarding termination for convenience costs in this case reserved the issue of the accrual of interest under 41 U.S.C. § 7109 (2018) for further proceedings. After supplemental briefing, we agree with the appellant that its “equitable adjustment claim[s]” were “not extinguished by the government’s termination for convenience,” American Eagle Industries, Inc. v. Babbitt, No. 98-1466, 1999 WL 508318, at *3 (Fed. Cir. July 14, 1999) (citing James M. Ellett Construction Co. v. United States, 93 F.3d 1537, 1546 (Fed. Cir. 1996)), and that interest on the equitable adjustments of the contract price runs from the date that the appellant submitted the certified equitable adjustment claim underlying CBCA 6861, while interest on the remainder of the award runs from the date that the appellant certified the termination costs claim.
Decision
The appeals are GRANTED as to interest accrual dates. Of the $1,465,664.10 awarded, statutory interest shall accrue on the equitable adjustment amount of $414,883.40 from January 25, 2020, until the payment date and shall accrue on the remaining $1,050,780.70 from January 27, 2020, until the payment date.
Kyle Chadwick
Board Judge
We concur:
Allan H. Goodman
Board Judge
H. Chuck Kullberg
Board Judge
This is a verbatim capture of the text layer of the Board's own document in CTA I, LLC, CBCA 5826, 6861, 6897, 7049. 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.