GRANTED IN PART: March 3, 2020
CBCA 5978
MONUMENT CONSTRUCTION, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia of Manfredonia Law Offices, LLC, Cresskill, NJ; and
Christopher W. Morog of Hinckley Allen LLP, Boston, MA, counsel for Appellant.
Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs,
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.
Pittsburgh, PA; and Donald C. Mobly, Office of Regional Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent.
Before Board Judges SOMERS (Chair), HYATT, and O’ROURKE.
HYATT, Board Judge.
On February 27, 2020, the parties submitted to the Board a joint motion for a stipulated judgment in the amount of $800,000, inclusive of all costs, fees, and interest. The parties request that the Board enter judgment for this amount in the appeal. The settlement agreement further provides that if payment of the judgment amount has not been paid by March 27, 2020, interest pursuant to the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), will begin and continue to accrue until payment is made. Such interest shall be payable to Monument Construction, LLC along with payment of the settlement amount. Finally, the parties have confirmed they will not seek reconsideration of, or relief from, the Board’s decision and they will not appeal the decision.
Decision
Accordingly, the appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay $800,000 to appellant in full settlement of CBCA 5978. If the amount is not paid by March 27, 2020, CDA interest on this amount shall accrue until such time as appellant is paid. This payment shall be made in accordance with 41 U.S.C. § 7108 and may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
Catherine B. Hyatt
Board Judge
We concur:
Jeri Kaylene Somers Kathleen J. O’Rourke
JERI K. SOMERS
Board Judge
KATHLEEN J. O’ROURKE
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Monument Construction, LLC, CBCA 5978. 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.