CBCA 5978

Monument Construction, LLC

Mar 3, 2020Judge HyattDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
Monument Construction, LLC
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Hyatt
Case number
CBCA 5978
Decided
Mar 3, 2020The decision states Mar 3, 2020 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Hinckley Allen LLP, Manfredonia Law Offices, LLC
Outcome
Granted in partEntered by agreement of the parties.
Accordingly, the appeal is GRANTED 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

Payment 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.

Appearances

For the appellant
John M. Manfredonia
Manfredonia Law Offices, LLC
Cresskill, NJ
For the appellant
Christopher W. Morog
Hinckley Allen LLP
Boston, MA
For the respondent
Jennifer L. Hedge
Office of Regional Counsel, Department of Veterans Affairs
Pittsburgh, PA
For the respondent
Donald C. Mobly
Office of Regional Counsel, Department of Veterans Affairs
Denver, CO
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, 1,902 characters, read from the Board's own documentDecided Mar 3, 2020 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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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.

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