CBCA 965

CM Construction, Inc.

Nov 24, 2008Judge WaltersGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in partby agreement

Key Facts

Appellant
CM Construction, Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Walters
Case number
CBCA 965
Decided
Nov 24, 2008The decision states Nov 24, 2008 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Niles, Barton & Wilmer, LLP
Outcome
Granted in partEntered by agreement of the parties.
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

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Appearances

For the appellant
David D. Gilliss and Owen J. Curley
Niles, Barton & Wilmer, LLP
Baltimore, MD
For the respondent
Mel Myers
Office of General Counsel, General Services Administration
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 decision2 pages, 1,540 characters, read from the Board's own documentDecided Nov 24, 2008 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1

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GRANTED IN PART: November 24, 2008

CBCA 965

CM CONSTRUCTION, INC.,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

David D. Gilliss and Owen J. Curley of Niles, Barton & Wilmer, LLP, Baltimore,

MD, 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.

Mel Myers, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges STERN, HYATT, and WALTERS.

WALTERS, Board Judge.

On November 17, 2008, the parties, appellant, CM Construction, Inc. (CM), and respondent, the General Services Administration (GSA), filed a joint motion for judgment on stipulated settlement, stating that they had reached an amicable settlement of the issues in this appeal, asking for judgment from the Board in CM’s favor in the amount of $125,000, to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2000), and stating further that, under their stipulation of settlement, they had agreed that neither party will seek reconsideration of, or relief from, the Board’s decision under Rules 26 and 27, respectively, and that neither party will appeal the Board’s decision.

_______________________________

________________________________ _______________________________

2 CBCA 965

Decision

The appeal is GRANTED IN PART. In accordance with the parties’ stipulation of settlement, the Board awards appellant the sum of $125,000, to be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2000).

RICHARD C. WALTERS

Board Judge

We concur:

JAMES L. STERN

Board Judge

CATHERINE B. HYATT

Board Judge

This is a verbatim capture of the text layer of the Board's own document in CM Construction, Inc., CBCA 965. 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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