APPELLANT MOTION FOR TEMPORARY RESTRAINING ORDER
AND INJUNCTION DENIED: February 12, 2019
CBCA 6318
BVB CONSTRUCTION, INC.
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
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.
Jaqueline T. Slade, President, BVB Construction, Inc., Ventura, CA, appearing for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR; and Donald Mobly, Office of General Counsel, Department of Veterans Affairs, Denver, CO, counsel for Department of Veterans Affairs.
Before Board Judges VERGILIO, SHERIDAN, and SULLIVAN.
VERGILIO, Board Judge.
In this appeal, the contractor, BVB Construction, Inc., states that it seeks to recover extended overhead costs based on project delays. In its complaint, it alleges breach of contract, breach of a duty of good faith and fair dealing, negligent misrepresentation, and negligent interference with prospective economic advantage.
As the underlying appeal proceeds, the contractor has moved for a temporary restraining order and preliminary injunction barring the agency from issuing a termination for default while this case is pending. A response from the agency is not necessary. The Board lacks the authority to issue the requested order and injunction. The Writing Co. v. Department of the Treasury, GSBCA 15097-TD, 00-1 BCA ¶ 30,840, at 152,222-23 (not within power of board to grant injunctive relief and specific performance which appellant requested).
The Board DENIES the request for a temporary restraining order and a preliminary injunction. The underlying appeal shall proceed according to the established schedule. Joseph A. Vergilio
JOSEPH A. VERGILIO
Board Judge
We concur:
Patricia J. Sheridan
Board Judge
Marian E. Sullivan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in BVB Construction, Inc., CBCA 6318. 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.