CBCA 993

Craig Thomas

Oct 21, 2008Judge PollackDEPARTMENT OF AGRICULTURE
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Craig Thomas
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Pollack
Case number
CBCA 993
Decided
Oct 21, 2008The decision states Oct 21, 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
Saltman & Stevens, PC
Outcome
Granted in partEntered by agreement of the parties.
Accordingly, 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

Jurisdiction and timeliness

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Appearances

For the appellant
Richard W. Goeken
Saltman & Stevens, PC
Washington, DC
For the respondent
Jennifer T. Newbold
Office of the General Counsel, Department of Agriculture
Missoula, MT
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, 2,591 characters, read from the Board's own documentDecided Oct 21, 2008 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Other statutes1

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GRANTED IN PART: October 21, 2008

CBCA 993

CRAIG THOMAS,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

Richard W. Goeken of Saltman & Stevens, PC, 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.

Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT, counsel for Respondent.

Before Board Judges DANIELS (Chairman), POLLACK, and SHERIDAN.

POLLACK, Board Judge.

This appeal arises out of timber sale contract no. 03-023511 between Craig Thomas and the United States Department of Agriculture, Forest Service (FS). On January 12, 2007, Mr. Thomas submitted his certified claim in the amount of $2,052,016.80 for lost profits. He also provided at that time alternative damage calculations, on a non-breach theory. On December 6, 2007, Mr. Thomas filed a timely appeal to a contracting officer’s decision denying all but $7978.84 of his claim.

__________________________________

______________________________ ________________________________

2 CBCA 993

After engaging in initial discussions with the presiding judge, the parties elected in June 2008 to request mediation with a Board judge. A judge was thereafter assigned. In September 2008, the requested mediation was conducted. The mediation was successful, and as a result the parties entered into an agreement to settle the dispute. Under cover letter of October 9, 2008, the parties filed with the Board a Joint Stipulation And Request For Judgment Granting The Appeal In Part. The referenced document was executed by counsel on October 8 and 9, 2008, respectively. Under it, the parties have agreed to the settlement of any and all claims by either party arising out of or relating to the referenced contract. Further, the parties have agreed to abide by a Board decision requiring the FS to pay appellant $300,300 plus interest on this amount calculated from January 10, 2007, until paid in accordance with the provisions of the Contract Disputes Act. Each party has agreed to bear its own costs and attorney fees. The parties have additionally stipulated that the decision of the Board will be final and binding upon the parties and not subject to further appeal.

Decision

Accordingly, the appeal is GRANTED IN PART. In accordance with the parties’ joint stipulation, the Board awards the sum of $300,300 plus interest on said amount under the Contract Disputes Act, 41 U.S.C. § 611 (2000), beginning January 10, 2007. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.

HOWARD A. POLLACK

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

PATRICIA J. SHERIDAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Craig Thomas, CBCA 993. 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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