DISMISSED WITH PREJUDICE: December 4, 2007
CBCA 820
R. B. GAY CONSTRUCTION CO., INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
William Alan Reaves, Vice President of R. B. Gay Construction Co., Inc., Jacksonville, FL, appearing for Appellant.
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
This appeal involves claims made under a contract for construction at the Lake City (Florida) Air Tanker Base. Work performed by the contractor, R. B. Gay Construction Co., Inc. (Gay Construction), on retention ponds at the base did not meet with the satisfaction of the Department of Agriculture’s Forest Service. The Forest Service eventually had another contractor perform additional work on the retention ponds. Gay Construction claimed entitlement to the portion of the contract amount which the Forest Service had withheld to cover costs incurred by the other contractor, plus costs of extra work Gay Construction itself had done to solve the problems identified by the Forest Service before that agency had hired the other contractor. The Forest Service contracting officer denied that claim and made a _________________________
2 CBCA 820
claim of her own against Gay Construction for the added expense of the other contractor’s work.
After the appeal was filed, the Board suggested that the parties’ representatives meet with experts engaged by the two sides in an effort to understand each other’s point of view and discuss voluntary settlement of the case. The parties followed this suggestion and quickly reached a settlement. Gay Construction then asked the Board to dismiss the appeal with prejudice to its reinstatement.
The request is granted. The appeal is DISMISSED WITH PREJUDICE.
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in R. B. Gay Construction Co., Inc., CBCA 820. 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.