CBCA 6460

Athena Construction Group, Inc.

Oct 8, 2020Judge O'RourkeDEPARTMENT OF VETERANS AFFAIRS
DecisionGranted in part

Key Facts

Appellant
Athena Construction Group, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
O'Rourke
Case number
CBCA 6460
Decided
Oct 8, 2020The decision states Oct 8, 2020 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Executive Law Partners, PLLC
Outcome
Granted in part
The Board GRANTS IN PART the appeal.
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.

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Appearances

For the appellant
Milton C. Johns and Jill F. Helwig
Executive Law Partners, PLLC
Fairfax, VA
For the respondent
Harold W. Askins III
Office of General Counsel, Department of Veterans Affairs
Charleston, SC
For the respondent
David G. Fagan
Office of General Counsel, Department of Veterans Affairs
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, 1,733 characters, read from the Board's own documentDecided Oct 8, 2020 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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GRANTED IN PART: October 8, 2020

CBCA 6460

ATHENA CONSTRUCTION GROUP, 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.

Milton C. Johns and Jill F. Helwig of Executive Law Partners, PLLC, Fairfax, VA, counsel for Appellant.

Harold W. Askins III, Office of General Counsel, Department of Veterans Affairs, Charleston, SC; and David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.

Before Board Judges SOMERS (Chair), BEARDSLEY, and O’ROURKE.

O’ROURKE, Board Judge.

On September 23, 2020, the parties jointly moved for entry of a stipulated judgment for the above-captioned appeal, in the amount of $19,000 (settlement amount), to be paid to appellant, Athena Construction, Inc. (Athena), through the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2018). See 48 CFR 6101.25(b) (2019).

Although the Board previously consolidated this appeal with CBCA 6723, this judgment only pertains to CBCA 6460.

In their joint motion, the parties stated that the settlement amount is inclusive of all costs, attorney fees, and interest claimed by Athena, and that Athena waives any further right it may have to claim for recovery of any interest, attorney fees, costs, or expenses it may have incurred in conjunction with this appeal. The parties also stated that they will not seek reconsideration of, or relief from the Board’s decision, and they will not appeal the decision.

Decision

The Board GRANTS IN PART the appeal. Athena shall be paid $19,000 inclusive of all costs, fees, and interest.

Kathleen J. O’Rourke

Board Judge

We concur:

_Jeri Kaylene Somers Erica S. Beardsley JERI KAYLENE SOMERS ERICA S. BEARDSLEY Board Judge Board Judge

This is a verbatim capture of the text layer of the Board's own document in Athena Construction Group, Inc., CBCA 6460. 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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