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.