DISMISSED WITHOUT PREJUDICE: July 22, 2025
CBCA 8445
HERMAN 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.
Matt Drake of Bristol Bay Construction Holdings LLC, Knoxville, TN; and Jessica Nejberger of Bristol Bay Construction Holdings LLC, Jacksonville, FL, counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend, OR, counsel for Respondent.
GOODMAN, Board Judge.
Order
On July 21, 2025, the parties filed a joint motion to dismiss without prejudice the appeal docketed as CBCA 8445, which had previously been consolidated with appeals docketed as CBCA 8443 and 8444. In support of the motion, the parties stated: Since the contracting officer has not yet rendered a final decision on [appellant]’s third REA, corresponding to CBCA No. 8445, the parties recognize there is not currently Contract Disputes Act jurisdiction over that matter. The parties therefore respectfully request, pursuant to Civilian Board of Contract Appeals Rule 12(b)(2), that the Board dismiss without prejudice CBCA No. 8445 pending the COFD on [appellant]’s claim submitted July 18, 2025. If the contracting officer denies the July 18, 2025 claim, [appellant] intends to refile the appeal with this Board.
The parties’ motion is granted, and the appeal is DISMISSED WITHOUT PREJUDICE.
Allan H. Goodman
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Herman Construction Group, Inc., CBCA 8445. 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.