CBCA 5826, 6861, 6897, 7049

CTA I, LLC

Apr 20, 2022Judge ChadwickDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted

Key Facts

Appellant
CTA I, LLC
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Chadwick
Case number
CBCA 5826, 6861, 6897, 7049This cell names 4 dockets: 5826, 6861, 6897, 7049.
Decided
Apr 20, 2022The decision states Apr 20, 2022 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Kilpatrick Townsend & Stockton LLP, Manfredonia Law Offices, LLC, Wiley Rein LLP
Outcome
Granted
The appeals are GRANTED as to interest accrual dates.
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

Changes and equitable adjustmentTermination for conveniencePayment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant
John M. Manfredonia
Manfredonia Law Offices, LLC
Cresskill, NJ
For the appellant
William E. Dorris
Kilpatrick Townsend & Stockton LLP
Atlanta, GA
For the appellant
Brian G. Walsh and Jennifer Eve Retener
Wiley Rein LLP
Washington, DC
For the respondent
Harold W. Askins, III
Office of General Counsel, Department of Veterans Affairs, Charleston
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, 1,982 characters, read from the Board's own documentDecided Apr 20, 2022 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

1 authority 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

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Cases cited

1 case this decision cites, in the order it first names it. 1 of them opens at a publisher.

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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.

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