CBCA 6072

K.O.O. Construction, Inc.

Oct 26, 2018Judge LesterDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in partby agreement

Key Facts

Appellant
K.O.O. Construction, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Lester
Case number
CBCA 6072
Decided
Oct 26, 2018The decision states Oct 26, 2018 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Braude Law Group, P.C.
Outcome
Granted in partEntered by agreement of the parties.
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

Jurisdiction and timelinessPayment 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
Herman M. Braude
Braude Law Group, P.C.
Rockville, MD
For the respondent
David G. Fagan
Office of General Counsel, Department of Veterans Affairs
Portland, OR
For the respondent
Donald C. Mobly
Office of General 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, 2,599 characters, read from the Board's own documentDecided Oct 26, 2018 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: October 26, 2018

CBCA 6072

K.O.O. CONSTRUCTION, INC.,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS

Respondent.

Herman M. Braude of Braude Law Group, P.C., Rockville, MD, 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; and Donald C. Mobly, Office of General Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent.

Before Board Judges DRUMMOND, SULLIVAN, and LESTER.

LESTER, Board Judge.

In a certified claim submitted to the contracting officer for the Department of Veterans Affairs (VA) on or about August 25, 2017, K.O.O. Construction, Inc. (KOO) alleged that it it had incurred additional costs in performing contract no. VA261-C-0528 for which the VA should compensate it. On March 13, 2018, KOO appealed the VA contracting officer’s “deemed denial” of its claim to the Board. The Board docketed KOO’s appeal as CBCA 6072.

At the parties’ request, the Board subsequently suspended proceedings in the appeal to provide the parties with time to attempt to resolve their dispute through mediation. On October 24, 2018, the parties filed a joint motion for entry of judgment in this appeal, indicating that, in a settlement agreement that they had executed earlier that day following mediation, they had stipulated to an award in KOO’s favor in the amount of $2 million, inclusive of interest, to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012). Under their stipulation, interest will begin to run on December 14, 2018, at rates prescribed by the Contract Disputes Act (CDA), 41 U.S.C. § 7109, if the permanent indefinite judgment fund has not paid the stipulated amount by that date. The parties further stipulated that they will not seek reconsideration of or relief from, and will not appeal, the Board’s decision awarding the stipulated amount.

Decision

The appeal is GRANTED IN PART. The VA shall pay $2 million, inclusive of interest, to KOO in full settlement of CBCA 6072, with each party to bear its own costs, attorney fees, and expenses. 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. If the $2 million settlement amount is not paid by December 14, 2018, there shall be added to that amount interest, at rates prescribed pursuant to the CDA, beginning on December 14, 2018, and ending on the date of payment.

Harold D. Lester, Jr.

Board Judge

We concur:

Jerome M. Drummond

Board Judge

Marian E. Sullivan

Board Judge

This is a verbatim capture of the text layer of the Board's own document in K.O.O. Construction, Inc., CBCA 6072. 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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