CBCA 7576

Abdul Mutakaber

Feb 16, 2024Judge SullivanDEPARTMENT OF STATE
DecisionGranted in part

Key Facts

Appellant
Abdul Mutakaber
Respondent agency
DEPARTMENT OF STATE
Judge
Sullivan
Case number
CBCA 7576
Decided
Feb 16, 2024The decision states Feb 16, 2024 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Whiteford, Taylor & Preston LLP
Outcome
Granted in part
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

Real property leasesTermination for convenience

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
Enayat Qasimi and Shamsi Maqsoudi
Whiteford, Taylor & Preston LLP
Washington, DC
For the respondent
Erin M. Kriynovich
Office of the Legal Adviser, Buildings and Acquisitions, Department of State
Washington, DC
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 decision3 pages, 2,709 characters, read from the Board's own documentDecided Feb 16, 2024 on its own faceRespondent DEPARTMENT OF STATE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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GRANTED IN PART: February 16, 2024

CBCA 7576

ABDUL MUTAKABER,

Appellant,

v.

DEPARTMENT OF STATE,

Respondent.

Enayat Qasimi and Shamsi Maqsoudi of Whiteford, Taylor & Preston LLP,

Washington, DC, 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.

Erin M. Kriynovich, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel for Respondent.

Before Board Judges VERGILIO, GOODMAN, and SULLIVAN.

SULLIVAN, Board Judge.

By decision issued January 17, 2024, the Board granted in part the motions for summary judgment filed by the parties. Abdul Mutakaber v. Department of State, CBCA 7576, 24-1 BCA ¶ 38,496. In an order issued the same day, the Board directed the parties to confer and file a joint stipulation as to the amounts owed, pursuant to the guidance provided in that decision. If the parties were unable to agree upon the amounts owed, the Board directed that the parties file their own calculations and explain why they were unable to agree.

On February 9, 2024, the parties filed separate responses to the Board’s order.

Appellant stated that the parties were unable to agree but provided no calculation as to the amounts owed, advising the Board of its intent to appeal the Board’s decision to the United States Court of Appeals for the Federal Circuit. Respondent, Department of State (DOS), calculated the following amounts owed for each of the four properties covered by the lease, with a worksheet showing the calculations (interest is to be calculated in accordance with the Contract Disputes Act, 41 U.S.C. § 7108(b) (2018)): Maryland House – DOS owes appellant unpaid rent of $94,355.76, plus interest calculated from June 8, 2022.

PA+CT House – Appellant owes DOS a refund of $108,986.28, plus interest calculated from August 8, 2022.

Guam House – Appellant owes DOS a refund of $27,616.40, plus interest calculated from August 8, 2022.

Champagne House – Appellant owes DOS a refund of $73,182.93, plus interest calculated from August 8, 2022.

DOS’s calculations are consistent with the Board’s previous decision. Accordingly, we find that these are the amounts owed by the parties pursuant to the lease following the termination for convenience.

Decision

The appeal is GRANTED IN PART. Appellant owes DOS the net amount of the amounts set forth above.

Marian E. Sullivan

MARIAN E. SULLIVAN

Board Judge We concur:

In our first decision, we incorrectly stated that appellant was entitled to an additional eighty-three days rent for this property. Mutakaber, 24-1 BCA at 187,123. The correct number of days is eighty-two, and DOS has calculated the rent owed based upon this correct number.

Joseph A. Vergilio

Board Judge

Allan H. Goodman

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Abdul Mutakaber, CBCA 7576. 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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