GRANTED IN PART: August 26, 2020
CBCA 6615
HALBERT CONSTRUCTION COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jason R. Thornton of Finch, Thornton & Baird, LLP, San Diego, CA, 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, counsel for Respondent.
Before Board Judges KULLBERG, SHERIDAN, and LESTER.
LESTER, Board Judge.
On August 24, 2020, appellant, Halbert Construction Company, Inc. (Halbert), and respondent, the Department of Veterans Affairs (VA), filed a joint motion requesting the entry of judgment in Halbert’s favor in the amount of $90,000 on a stipulated settlement, with payment to be made through the permanent indefinite judgment fund. The parties have agreed that they will not seek appeal of, reconsideration of, or relief from the Board's decision, and Halbert represents that it has waived all further claims that it might have for the recovery of interest, costs, attorney fees, and/or expenses incurred in the litigation of this appeal.
Decision
This appeal is GRANTED IN PART. The VA shall pay $90,000, inclusive of interest, to Halbert in full settlement of CBCA 6615, 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 (2018) and may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
Harold D. Lester, Jr.
Board Judge
We concur:
H. Chuck Kullberg
Board Judge
Patricia J. Sheridan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Halbert Construction Company, Inc., CBCA 6615. 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.