Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE:  July 18, 2024
CBCA 7794
CHABUK LOGISTICS,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
[name, title, and location redacted] of Chabuk Logistics, appearing for Appellant.
Alexandra N. Wilson, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion filed July 18, 2024, the parties sought dismissal of this appeal with
prejudice.  Pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)), the appeal is
DISMISSED WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
GRANTED IN PART; DISMISSED IN PART: November 6, 2020
CBCA 6510
OAK HILLS PROPERTY ASSOCIATES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Seamus Curley of Stroock & Stroock & Lavan LLP, Washington, DC, counsel for
Appellant.
James Scott and Jessica Gunzel, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, ZISCHKAU, and CHADWICK. 
BEARDSLEY, Board Judge.
Respondent, the General Services Administration, offset the total amount of
$132,964.20 from its lease payments to appellant, Oak Hills Property Associates, LLC, to
recoup real estate taxes GSA alleged it had wrongly paid.  Appellant has moved for summary
judgment in the amount of the offset claiming that the government’s right to offset is barred
by the Contract Dispute Act’s (CDA) six-year statute of limitations, 41 U.S.C.
§ 7103(a)(4)(A) (2018).  Appellant also moved for an award of interest in the amount of
$6093.88 from the date of the offset until November 14, 2018, the date appellant submitted
its CDA claim.  


CBCA 6510 2
GSA does not oppose this motion, except to challenge appellant’s claim for $6093.88
in other than CDA interest.1  GSA states that it cannot produce any documentary evidence
that a contracting officer asserted a claim to withhold the funds and resolve the issues of tax
liability and of damages within the CDA limitations period.  Based on the Board’s decision
in 1000-1100 Wilson Owner, LLC v. General Services Administration, CBCA 6506, 20-1
BCA ¶ 37,642, which involved almost identical facts to this case, GSA’s claim for
$132,964.20 is, therefore, barred by the CDA statute of limitations.  
On October 2, 2020, appellant filed a notice withdrawing its claim in this appeal for
$29,353.63 in rent GSA failed to pay appellant in order to recoup taxes for which GSA
alleged it had wrongly reimbursed appellant (the short pay claim).  GSA did not oppose
appellant’s decision to withdraw the short pay claim.   
Decision
The Board GRANTS IN PART appellant’s motion for summary judgment and enters
judgment for appellant in the amount of $132,964.20, plus CDA interest to run from
November 14, 2018.  The short pay claim is DISMISSED, and only appellant’s claim for
other than CDA interest remains to be decided in this appeal.
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
We concur:
  Jonathan D. Zischkau         Kyle Chadwick               
JONATHAN D. ZISCHKAU KYLE CHADWICK
Board Judge Board Judge
1  The parties are currently briefing for the Board the issue of appellant’s
entitlement to other than CDA interest.
____________________________ 
 
 
DISMISSED WITH PREJUDICE: January 30, 2009 
CBCA 1190 
MATTHEW KINSEY, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Matthew Kinsey, pro se, Phoenix, AZ. 
Mark Ezersky, Office of Regional Counsel, General Services Administration, San 
Francisco, CA, counsel for Respondent. 
STERN, Board Judge. 
ORDER 
Matthew Kinsey, appellant, appealed the decision of a contracting officer for the 
General Services Administration (GSA) assessing appellant with $6420 in liquidated 
damages for appellant’s alleged failure to complete the terms of an auction contract with 
GSA. Subsequent to the filing of this appeal, the parties engaged in settlement negotiations 
resulting in a resolution of all issues before the Board.  Appellant moves to dismiss the 
appeal with prejudice.  Respondent concurs. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
JAMES L. STERN 
Board Judge
DISMISSED WITH PREJUDICE: December 8, 2017
CBCA 5679 
HUNTINGTON INGALLS INCORPORATED,  
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
John W. Chierichella, Keith R. Szeliga, and Adam A. Bartolanzo of Sheppard Mullin
Richter & Hampton LLP, Washington, DC, counsel for Appellant.
William H. Butterfield, Office of Procurement Law, United States Coast Guard,
Department of Homeland Security, Washington, DC, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
The parties filed a joint motion to dismiss the above-referenced matter, indicating that
they have entered into a s settlement agreement.  In accordance with the parties’ request, this
appeal is DISMISSED WITH PREJUDICE.  
___________________________
JERI K. SOMERS
Board Judge
DISMISSED WITH PREJUDICE: June 2, 2011 
CBCA 2355 
XEROX CORPORATION, 
Appellant, 
v.
 
DEPARTMENT OF COMMERCE,
 
Respondent. 
Donald J. Walsh of Offitt Kurman, P.A., Owings Mills, MD, counsel for Appellant. 
Lisa J. Obayashi, Office of the General Counsel, United States Patent and Trademark 
Office, Department of Commerce, Alexandria, VA, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
This appeal was filed from an alleged deemed denial of a claim. When the appeal was 
filed, appellant’s counsel was not aware an appealable contracting officer’s decision had 
been issued more than ninety days before the appeal was filed. Appellant has now filed a 
notice of dismissal with prejudice. 

 
     
____________________________ 
  
 
2 CBCA 2355 
The appeal is DISMISSED WITH PREJUDICE. 
ALLAN H. GOODMAN 
Board Judge
___________________________ 
DISMISSED WITH PREJUDICE:  March 24, 2010 
CBCA 792 
NEWARK CENTER BUILDING COMPANY, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Edward M. Callahan, Jr., of Clancy, Callahan & Smith, Roseland, NJ, counsel for 
Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On June 19, 2007, Newark Center Building Company appealed the final decision of 
a General Services Administration contracting officer denying its claim for an equitable 
adjustment under lease number GS-02B-23182 for performance of tenant improvements on 
an office building at 1100 Raymond Boulevard in Newark, New Jersey. On March 23, 2010, 
the parties filed a joint motion to dismiss with prejudice, stating that they had settled the 
appeal. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE:  December 8, 2017
CBCA 5419
APP ARCHITECTURE, INC, 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
David M. Rickert of Auman, Mahan & Furry, Dayton, OH, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs,
Decatur, GA, counsel for Respondent.
LESTER, Board Judge. 
ORDER
On December 6, 2017, appellant, App Architecture, Inc., filed an unopposed motion
to dismiss this appeal, representing that the parties have executed a settlement agreement
resolving the parties’ dispute and that all terms of that settlement have been fulfilled. 
Appellant’s motion is granted.  Although appellant does not indicate in its motion whether
the dismissal should be with or without prejudice, dismissal with prejudice is appropriate
where based upon a bilateral settlement.  Quality Control International v. General Services

CBCA 5419 2
Administration, CBCA 5590, 17-1 BCA ¶ 36,900, at 179,800.  Accordingly, this appeal is
DISMISSED WITH PREJUDICE.
__________________________________
HAROLD D. LESTER, JR. 
Board Judge
DISMISSED WITH PREJUDICE:  January 30, 2024
CBCA 7974
TUSKEGEE CONTRACTING, LLC,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Jesse B. Gordon of Reaves PLLC, Chesapeake, VA, counsel for Appellant.
Bradley S. Blevins, Legal Service Command, United States Coast Guard, Department
of Homeland Security, Norfolk, VA; and Gina M. Sirianni, Legal Service Command, United
States Coast Guard, Department of Homeland Security, Alameda, CA, counsel for
Respondent.
BEARDSLEY, Board Judge (Chair).
ORDER
On January 30, 2024, the parties jointly moved to dismiss this appeal with prejudice,
stating that the parties had settled this matter and had finalized the necessary contract
modification.  The motion is granted.  The appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley    
ERICA S. BEARDSLEY
Board Judge
GRANTED IN PART: August 11, 2020
CBCA 6840, 6852, 6853, 6854, 6855
NAGEL ARCHITECTS, A SERIES OF NAGEL SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Sarah Schauerte Reida of Legal Meets Practical, LLC, Naperville, IL, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR; and Natica Chapman Neely, Office of General Counsel, Department of
Veterans Affairs, Jackson, MS, counsel for Respondent.
Before Board Judges BEARDSLEY, GOODMAN, and KULLBERG.
BEARDSLEY, Board Judge.
On August 10, 2020, the parties submitted to the Board a joint motion for judgment
on a stipulated settlement in these five appeals. The parties requested that the Board enter
judgment in favor of Nagel Architects, A Series of Nagel Services, LLC, in the amount of
$34,000, with payment to be made through the permanent indefinite judgment fund in
accordance with 31 U.S.C. § 1304 (2018). The amount includes any costs, interest, and
attorney fees to which Nagel Architects, A Series of Nagel Services, LLC, may be entitled.


2
The parties have agreed that they will not seek appeal of, reconsideration of, or relief from
the Board’s decision.
Decision
The Board GRANTS IN PART these appeals. In accordance with the parties’ joint
motion, the Board awards Nagel Architects, A Series of Nagel Services, LLC, the stipulated
judgment amount of $34,000.
Erica S. Beardsley
ERICA S. BEARDSLEY
Board Judge
We concur:
Allan H. Goodman H. Chuck Kullberg
ALLAN H. GOODMAN H. Chuck Kullberg
Board Judge Board Judge
DISMISSED WITH PREJUDICE: March 28, 2014
CBCA 3545
COBURN CONTRACTORS, LLC,
Appellant,
v.
 DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jim Campbell, Head of Operations of Coburn Contractors, LLC, Montgomery, AL,
appearing for Appellant.
Harold W. Askins III and Patricia A. Hooks, Office of Regional Counsel, Department
of Veterans Affairs, Charleston, SC, counsel for Respondent.
HYATT, Board Judge.
ORDER
The parties have settled this appeal.  Respondent, with appellant’s concurrence, has
submitted a motion to dismiss with prejudice.  Accordingly, this appeal is DISMISSED
WITH PREJUDICE.
________________________________
CATHERINE B. HYATT
Board Judge
DISMISSED WITH PREJUDICE:  January 25, 2023
CBCA 7220
MILCON CONSTRUCTION, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
William B. Kingman of Law Offices of William B. Kingman, P.C., San Antonio, TX,
counsel for Appellant.
James F. H. Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
Pursuant to Board Rule 12(b)(2), 48 CFR 6101.12(b)(2) (2021), the appeal is
DISMISSED WITH PREJUDICE.
     Joseph  A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
_______________________________ 
DISMISSED:  October 1, 2009 
CBCA 1699 
ALPHA-GAMMA TECHNOLOGIES, INC., 
Appellant, 
v. 
ENVIRONMENTAL PROTECTION AGENCY, 
Respondent.
 Reese Howle, President of Alpha-Gamma Technologies, Inc., Raleigh, NC, 
appearing for Appellant. 
Avital G. Zemel, Office of General Counsel, Environmental Protection Agency, 
Washington, DC, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
On October 1, 2009,  respondent advised that the final decision underlying the appeal 
is being withdrawn, and that the parties jointly move for dismissal of the appeal. The motion 
is granted.  The appeal is DISMISSED . 
BERYL S. GILMORE 
Board Judge
DISMISSED WITH PREJUDICE:  December 22, 2015
CBCA 4910
SERVITODO LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
William J. Acuff, Management Officer of ServiTodo LLC, Atlanta, GA, appearing
for Appellant.
Scott C. Briles, Office of the General Counsel, Department of Health and Human
Services, Atlanta, GA, counsel for Respondent.
POLLACK, Board Judge.
ORDER
On December 9, 2015, appellant filed a motion to dismiss this appeal, stating that the
costs which were the subject of this appeal have largely been paid by respondent.
Accordingly, appellant’s motion to dismiss is granted, and the appeal is hereby
DISMISSED WITH PREJUDICE.
________________________________
HOWARD A. POLLACK
Board Judge
DISMISSED WITH PREJUDICE:  March 24, 2026
CBCA 8428(6750)-REM
BALFOUR BEATTY CONSTRUCTION, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Reginald M. Jones, Nicholas T. Solosky, and Diana Lyn Curtis Shutzer of Fox
Rothschild LLP, Washington, DC, counsel for Appellant.
Justin S. Hawkins and Jessica A. Gunzel, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On March 24, 2026, the parties advised the Board that they had reached a settlement
and requested that this appeal be dismissed.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: September 20, 2011 
CBCA 2501 
U.S. COATING SPECIALTIES & SUPPLIES, 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Sam Z. Gdanski of Gdanski & Gdanski, LLP, Suffern, NY, counsel for Appellant. 
Julia A. LoBosco and William H. Butterfield, Office of Procurement Law, Coast 
Guard, Department of Homeland Security, Washington, DC, counsel for Respondent. 
DRUMMOND , Board Judge. 
ORDER 
The parties have notified the Board that they have settled this appeal and, in 
accordance with the terms of their settlement agreement, have moved that the appeal be 
dismissed with prejudice. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
JEROME M. DRUMMOND 
Board Judge
DISMISSED WITH PREJUDICE: April 15, 2020
CBCA 6441
WILLIAMS BUILDING COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Thomas D. Dinackus, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By joint motion filed April 15, 2020, the parties seek dismissal of this appeal with
prejudice, with each party to bear their own costs, fees, and expenses.
The parties’ motion is granted. The appeal isDISMISSED WITH PREJUDICE.
Marian E. Sullivan
MARIAN E. SULLIVAN
Board Judge
______________________________ 
DISMISSED WITH PREJUDICE:  July 31, 2008 
CBCA 1052 
AMERICAN AUTOMATION BUILDING SOLUTIONS, INC., 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Colin A. Walker of Fairfield and Woods, P.C., Denver, CO; and  Richard F. Busch, 
II, of the Busch Law Firm, L.L.C., Littleton, CO, counsel for Appellant. 
Jennifer L. Longmeyer-Wood, Office of the Principal Legal Advisor, United States 
Immigration and Customs Enforcement, Department of Homeland Security, Washington,
 
DC, counsel for Respondent.
 
FENNESSY, Board Judge.
 
ORDER 
The parties to this appeal have achieved a settlement and have stipulated to dismiss 
this case with prejudice.  
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
EILEEN P. FENNESSY 
Board Judge
DISMISSED WITH PREJUDICE: April 14, 2008 
CBCA 769 
10201 PROPERTIES, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Lee J. Klein, Managing Member of 10201 Properties, LLC, East Lansing, MI, 
appearing for Appellant. 
Mel E. Myers, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
STERN , Board Judge. 
ORDER 
Appellant, 10201 Properties, LLC, filed this appeal from the decision of the 
contracting officer of the General Services Administration (respondent), denying appellant’s 
claim in the amount of $70,028.86, arising out of a contract for construction of a building and 
lease of the same to respondent.  The property is located in Detroit, Michigan. 
Appellant’s claim for an equitable adjustment included allegations of delays caused 
by respondent, increased construction costs, extra costs resulting from drawing 
modifications, a dispute over the lease commencement date, and interest for late payments. 

 
 
___________________________ 
2 CBCA 769 
The parties entered into discussions and were able to settle all issues before the Board. 
The parties have jointly moved to dismiss the appeal based on this settlement.  The motion 
to dismiss is granted. 
 The appeal is DISMISSED WITH PREJUDICE . 
JAMES L. STERN 
Board Judge
DISMISSED FOR LACK OF JURISDICTION: January 6, 2011 
CBCA 2176 
MATTRESS MAKERS, INC., 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Karla Kane of Kane Law PLLC, Pasco, WA, counsel for Appellant. 
Kathleen K. Barksdale, Office of Regional Counsel, General Services 
Administration, Philadelphia, PA counsel for Respondent.
 
Before Board Judges BORWICK , GOODMAN , and DRUMMOND .
 
BORWICK , Board Judge.
 
We dismiss this case for lack of jurisdiction because it was filed more than ninety 
days after appellant received the contracting officer’s decision which is the subject of this 
appeal. 
Background 
Respondent moves to dismiss this appeal because the appeal was filed more than 
ninety days after receipt of the contracting officer’s decision. Appellant agrees with 
respondent’s motion. Appellant acknowledges that it received the contracting officer’s 
decision on June 9, 2010, and filed the appeal on October 5, 2010, 118 days later. The 
Contract Disputes Act provides: 

 
           
           
            
        
                
             
             
           
      
       
_______________________________  
                           
                          
 
    
  
2 CBCA 2176 
Within ninety days from the date of receipt of a contracting officer’s 
decision under section 605 of this title, the contractor may appeal such 
decision to an agency board of contract appeals, as provided in section 607 
[codified at 41 U.S.C. § 608] of this title. 
41 U.S.C. § 606 (2006). The ninety day period for filing appeals at boards of contract 
appeals is jurisdictional and may not be waived. Cosmic Construction Co. v. United 
States , 697 F.2d 1389, 1390 (Fed. Cir. 1982); Charles T. Owen v. Agency for 
International Development , CBCA 694, 07-2 BCA ¶ 33,638, at 166,588. Consequently, 
this appeal must be dismissed. 
Decision 
This appeal is DISMISSED FOR LACK OF JURISDICTION . 
ANTHONY S. BORWICK 
Board Judge 
We concur: 
_____________________________ ________________________________ 
ALLAN H. GOODMAN JEROME M. DRUMMOND 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  May 22, 2023
CBCA 7555
XEROX CORPORATION,
Appellant,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
Donald J. Walsh of RKW, LLC, Owings Mills, MD, counsel for Appellant.
James Muetzel and Emily E. Warner, Office of the General Counsel, Office of
Personnel Management, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On May 19, 2023, the parties filed a joint request for dismissal with prejudice, having
resolved the matters in dispute.  The Board commends the parties on the successful
resolution of the case.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: September 15, 2014
CBCA 3965
AKAL SECURITY, INC.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Terrence M. O’Connor of Berenzweig Leonard, LLP, McLean, VA, counsel for
Appellant.
C. Joseph Carroll, Office of General Counsel, United States Marshals Service,
Department of Justice, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On July 10, 2014, the Board received from Akal Security, Inc. a notice of appeal
concerning its contract, DJMS-02-D-0001, with the United States Marshals Service,
Department of Justice (agency).  The contractor provided security services at federal
courthouse buildings during the time of and after Hurricane Katrina in 2005.  The contractor
submitted a claim for payment.  The contracting officer denied the claim on the basis that it
was submitted outside of the statutory period for a claim--that is, beyond six years after the
claim accrued.  41 U.S.C. § 7103(a)(4) (2012).  The contractor here appeals the denial.


CBCA 3965 2
The parties have resolved the dispute.  In accordance with a submission received on
September 12, 2014, the Board DISMISSES WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  June 29, 2021
CBCA 6761, 6827, 6828, 6829, 6830, 6831, 6833,
6834, 6835, 6836, 6837, 6839, 6918, 6922
4K GLOBAL-ACC JOINT VENTURE, LLC,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Karl Dix, Jr., Lochlin B. Samples, Jonathan R. Mayo, and Gesue A. Staltari of Smith,
Currie & Hancock LLP, Atlanta, GA, counsel for Appellant.
José Otero, Joshua L. Caplan, and C. Cleveland Fairchild, Office of the Solicitor,
Department of Labor, Washington, DC; and Willow Eden Fort, Office of the Solicitor,
Department of Labor, Nashville, TN, counsel for Respondent.
LESTER, Board Judge.
ORDER
In accordance with appellant’s unopposed motion dated June 14, 2021, and the terms
of the settlement agreement that the parties filed with the Board, these consolidated appeals
are DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
_______________________ 
DISMISSED WITH PREJUDICE:  March 14, 2007 
CBCA 13 
JSA CAMPBELL & ASSOCIATES,
                                                   Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
                                                   Respondent. 
Bradley Alan Rush of Feltenstein-Rush, Silver Spring, MD, counsel for Appellant. 
Maura C. Brown, Philip S. Kauffman, and Phillipa L. Anderson, Office of General 
Counsel, Department of Veterans Affairs, Hines, IL, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On March 12, 2007, the parties forwarded to the Board a settlement agreement 
indicating that they had reach a settlement of the above-captioned dispute.  As part of the 
agreement, which became effective upon execution by the parties, Jsa Campbell & Associates 
agreed to withdraw its appeal with prejudice. 
Accordingly, the appeal of Jsa Campbell & Associates, CBCA 13, is hereby 
DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge 

 
2 CBCA 13 
#18779 CBCA 13, JSACAMPBELL.WPD 3/13/07 Reviewed By:  PJS/CLH
GRANTED IN PART: July 16, 2018
CBCA 5806
HERMAN CONSTRUCTION GROUP, INC., 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jessica L. Mulvaney and William L. Bruckner of the Bruckner Law Firm, APC, San
Diego, CA, counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
Before Board Judges BEARDSLEY, SULLIVAN, and RUSSELL.  
BEARDSLEY, Board Judge.
On August 4, 2017, appellant, Herman Construction Group, Inc., filed this appeal
arising from respondent, Department of Veterans Affairs, contracting officer’s final decision
denying appellant’s certified claim in the amount of $907,976.61. 
On July 12, 2018, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2017)) and the
terms of a settlement agreement, the parties jointly moved for a judgment based on a
stipulated settlement in the amount of $450,000, and they indicated that the amount would
be paid from the judgment fund, 31 U.S.C. § 1304 (2012).  
The parties also agreed that interest pursuant to the Contract Disputes Act (CDA), 41


CBCA 5806 2
U.S.C. § 7109, on the amount of $450,000 would begin to accrue on August 10, 2018, if the
settlement amount had not been paid by that date, and the interest would continue to accrue
until payment was made.  Appellant waived any further right to recover interest, or for
attorney fees, costs, or expenses incurred in conjunction with the appeal.  In addition, the
parties stated that they will not seek reconsideration of, or relief from, this decision and will
not appeal it.  
Decision
Pursuant to the parties’ joint motion for judgment on stipulated settlement, the Board
GRANTS the appeal IN PART.  Appellant is awarded a total of $450,000, with additional
interest, if any, that may accrue pursuant to the agreement of the parties. 
  Erica S. Beardsley     
ERICA S. BEARDSLEY
Board Judge
We concur:
  Marian E. Sullivan     Beverly M. Russell        
MARIAN E. SULLIVAN BEVERLY M. RUSSELL
Board Judge Board Judge
___________________________________ 
DISMISSED WITH PREJUDICE:  March 11, 2008 
CBCA 174, 177, 229 
TAKOTA CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Robert J. Symon of Bradley Arant Rose & White LLP, Washington, DC, counsel for 
Appellant. 
Stephen R. Palmer, Office of the Regional Solicitor, Department of the Interior, 
Sacramento, CA, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
Appellant has advised the Board that the parties have reached a settlement in these 
consolidated appeals and requests that the appeals be dismissed with prejudice.  Accordingly, 
the appeals are DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE:  May 16, 2008
 
CBCA 789
 
CHANHASSEN VENTURE, LTD.,
 
Appellant, 
v. 
DEPARTMENT OF COMMERCE, 
Respondent. 
Stephen A. Melcher of  Fabyanske, Westra, Hart & Thomson, P.A., Minneapolis, 
MN, counsel for Appellant. 
Lynn W. Flanagan, Contract Law Division, Office of General Counsel, Department 
of Commerce, Washington, DC, counsel for Respondent. 
POLLACK, Board Judge. 
ORDER 
This appeal arose under contract no. 063WCF93013, a lease between the United 
States Department of Commerce, National Weather Service, and Chanhassen Venture, Ltd. 
The dispute centered on the responsibility for leaks and water problems encountered during 
the lease.  Appellant filed a timely appeal on June 3, 2007. After attempts to settle failed, 
respondent filed a motion for summary relief. The motion was denied on March 25, 2008, 
and the matter was set for hearing on April 30, 2008. Prior to the hearing, the Board was 
advised that the parties had reached a settlement agreement. On May 15, 2008, the parties 

_________________________________ 
2 CBCA 789 
provided the Board with a Stipulation of Dismissal, agreeing to dismiss the appeal with 
prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE:  October 8, 2025
CBCA 8395, 8396
GREAT LAKES EDUCATIONAL LOAN SERVICES, INC.,
Appellant in CBCA 8395,
and
NELNET SERVICING, LLC,
Appellant in CBCA 8396,
v.
DEPARTMENT OF EDUCATION,
Respondent.
Stuart W. Turner, Amanda J. Sherwood, and Nicole A. Williamson of Arnold &
Porter Kaye Scholer LLP, Washington, DC, counsel for Appellants.
Candice Jackson and Tim Rushenberg, Office of the General Counsel, Department
of Education, Washington, DC, counsel for Respondent.
VOLK, Board Judge.
ORDER
As requested by appellants, these appeals are DISMISSED WITH PREJUDICE.


CBCA 8395, 8396 2
     Daniel B. Volk               
DANIEL B. VOLK
Board Judge
DISMISSED WITHOUT PREJUDICE:  July 22, 2025
CBCA 8445
HERMAN CONSTRUCTION GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
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


CBCA 8445 2
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        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: October 6, 2011 
CBCA 2351 
SPARTANBURG BUSINESS TECHNOLOGY CENTER, L.P., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Tiffany A. Blofield of Winthrop & Weinstine, P.A., Minneapolis, MN, counsel for 
Appellant. 
Lori R. Shapiro and Heather R. Cameron, Office of General Counsel, General 
Services Administration, Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On March 22, 2011, Spartanburg Business Technology Center, L.P. appealed the final 
decision of a General Services Administration contracting officer denying its claim under 
lease number GS-04B-47068 concerning leased space for the Social Security Administration 
in Spartanburg, South Carolina. On October 4, 2011, the parties filed a joint stipulation for 
dismissal, stating that they have settled the appeal and stipulating that the appeal should be 
dismissed with prejudice. 

 
      
___________________________ 
  
 
2 CBCA 2351 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE:  November 8, 2024
CBCA 7870
HAMILTON PACIFIC CHAMBERLAIN, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
P. Sean Milani-nia of Fox Rothschild LLP, Washington, DC, counsel for Appellant.
Elizabeth M. Hall and Angela Holloway, Office of General Counsel, Department of
Veterans Affairs, Washington, DC; and James Howarth, Office of General Counsel,
Department of Veterans Affairs, Salt Lake City, UT, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On November 7, 2024, the parties filed a joint motion to dismiss this appeal with
prejudice, stating that the underlying dispute has been resolved through settlement.  The
motion is granted, and the appeal is DISMISSED WITH PREJUDICE.
Marian E. Sullivan        
MARIAN E. SULLIVAN
Board Judge
__________________________________ 
DISMISSED:  December 2, 2009 
CBCA 917 
PINNELL BROWN CONSTRUCTION, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Gregory G.T. Ervanian of Graham & Ervanian P.C., Des Moines, IA, counsel for 
Appellant. 
Peter Kraemer, Charlma J. Quarles, and Phillipa L. Anderson, Office of the General 
Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On November 23, 2009, appellant, Pinnell Brown Construction, Inc. requested 
dismissal of its appeal.  Respondent has no objection. The appeal is hereby DISMISSED . 
R. ANTHONY McCANN 
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE:  August 6,  2008 
CBCA 1273 
JOHN MAMMINO, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
John Mammino, pro se, Lake Worth, FL. 
Rebecca A. Saroyan, Office of Regional Counsel, General Services Administration, 
San Francisco, CA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties, on August 1, 2008, submitted a joint request for dismissal of this appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
DISMISSED WITH PREJUDICE: January 29, 2019
CBCA 6237
KHOTOL SERVICES CORPORATION,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Robert K. Tompkins, Gregory H. Koger, and Rodney M. Perry of Holland & Knight
LLP, Washington, DC, counsel for Appellant.
Jack F. Gilbert, Office of Chief Counsel, Federal Highway Administration,
Department of Transportation, Lakewood, CO, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice.  Accordingly,
the appeal is DISMISSED WITH PREJUDICE.
  Jerome M. Drummond    
JEROME M. DRUMMOND
Board Judge
DISMISSED WITH PREJUDICE: November 18, 2013
CBCA 3358
PADDY MOUNTAIN LUMBER COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
David Osborne, Vice President of Paddy Mountain Lumber Company, Inc., Jefferson,
NC, appearing for Appellant.
Jay McWhirter, Office of the General Counsel, Department of Agriculture, Atlanta,
GA, counsel for Respondent.   
McCANN, Board Judge.
ORDER
The parties have filed a motion indicating that they have executed a settlement
agreement that resolves all outstanding issues in this case, and have requested that the case
be dismissed with prejudice.  That motion is granted.  The case is DISMISSED WITH
PREJUDICE.  
                                                          
R. ANTHONY McCANN
Board Judge
GRANTED IN PART:  November 20, 2018
CBCA 4826, 5123, 5124, 5189, 5190
JR SERVICES, LLC, 
 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Lawrence M. Prosen and John T. Bergin of Kilpatrick Townsend & Stockton LLP,
Washington, DC, counsel for Appellant.
Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
Before Board Judges VERGILIO, SULLIVAN, and LESTER.
LESTER, Board Judge.
Between October 2009 and September 2011, the Department of Veterans Affairs (VA)
awarded the following four contracts to JR Services, LLC (JRS), for work at the Northport
VA Medical Center:  contract nos. VA243-RA-0705 (for the replacement of windows in
Building 200), VA243-C-1248 (for construction of a rooftop recreation area), VA243-RA-
0925 (for renovation of supply processing distribution and pharmacy storage in Building
200), and VA243-RA-0943 (for renovation and construction work in Building 63A). 
Between April 2015 and January 2016, the VA contracting officer terminated those four
contracts for default, and, on September 14, 2015, JRS submitted a certified claim pursuant

CBCA 4826, 5123, 5124, 5189, 5190 2
to the Contract Disputes Act, 41 U.S.C. § 7101-7109 (2012), seeking a monetary payment
for costs alleged to have been incurred in performing contract no. VA243-RA-0705 as a
result of VA-caused delays and redesign.  JRS timely appealed the four default termination
decisions to the Board, which the Board docketed as CBCA 4826, 5124, 5189, and 5190, and
it appealed the contracting officer’s “deemed denial” of its monetary claim, which the Board
docketed as CBCA 5123.  The Board subsequently consolidated the five appeals.
On November 16, 2018, the parties, in furtherance of a settlement agreement that they
executed on November 15, 2018, filed a joint motion for entry of judgment in these appeals. 
In the settlement agreement, the VA agreed to convert the four default terminations to
terminations for convenience and to modify JRS’s final ratings in the Contractor
Performance Assessment Reporting System (CPARS).  The parties, through the settlement
agreement, also stipulated to a monetary award in JRS’s favor in the amount of $750,000,
inclusive of all interest, with each party to bear its own costs, attorney fees, and expenses. 
In their motion to the Board seeking entry of judgment, the parties stipulated that they will
not seek reconsideration of or relief from, and will not appeal, the Board’s decision awarding
the stipulated amount.  The agency intends that payment will come from the permanent
indefinite judgment fund pursuant to 31 U.S.C. § 1304.
Decision
At the parties’ request, the appeals are GRANTED IN PART.  The VA shall pay
$750,000, inclusive of interest, to JR Services, with each party to bear its own costs, attorney
fees, and expenses.  This payment shall be made in accordance with 41 U.S.C. § 7108.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
We concur:
     Joseph A. Vergilio             Marian E. Sullivan          
JOSEPH A. VERGILIO MARIAN E. SULLIVAN
Board Judge Board Judge
GRANTED IN PART:  March 9, 2023
CBCA 7632
HAMILTON PACIFIC CHAMBERLAIN, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
P. Sean Milani-nia of Fox Rothschild LLP, Washington, DC, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
Before Board Judges VERGILIO, DRUMMOND, and ZISCHKAU.
VERGILIO, Board Judge.
This case involves a timely appeal from a deemed denial of a certified claim to a
contracting officer.  Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2021)), on March
7, 2023, the parties filed a joint motion for a stipulated award.  As stipulated, the appeal is
GRANTED IN PART in the amount of $862,451, inclusive of costs, fees, and interest,
although Contract Disputes Act interest, 41 U.S.C. § 7109 (2018), will begin to accrue on
May 23, 2023, if payment is not made by that date.
     Joseph  A. Vergilio          
JOSEPH A. VERGILIO
Board Judge


CBCA 7632
We concur:
  Jerome M. Drummond      Jonathan D. Zischkau    
JEROME M. DRUMMOND JONATHAN D. ZISCHKAU
Board Judge Board Judge
DISMISSED WITH PREJUDICE: June 1, 2015
CBCA 3975
TEAMUS CONSTRUCTION COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Edward T. DeLisle of Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Philadelphia,
PA, counsel for Appellant.
Jennifer Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of Veterans Affairs contracted with Teamus Construction Company,
Inc. for the addition and replacement of mechanical systems at the James E. Van Zandt
Veterans Affairs Medical Center in Altoona, Pennsylvania.  During performance of the work,
the parties disagreed as to the extent of piping that the contractor was required by the contract
to replace.  The contractor claimed that it was entitled to an additional $142,738 for replacing
certain piping.  An agency contracting officer denied the claim, and the contractor appealed
his decision to the Board.


CBCA 3975 2
Through mediation, with Board Judge Jonathan D. Zischkau serving as mediator, the
parties settled the case.  The contractor has asked the Board to dismiss the case with
prejudice.
Accordingly, the case is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
__________________________ 
DISMISSED:  March 6, 2008 
CBCA 800, 872 
TRICON TIMBER, LLC, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Scott  W. Horngren of Haglund Kelley Horngren  Jones &  Wilder LLP, Portland, OR, 
appearing for Appellant. 
Jennifer  T. Newbold, Natural Reso urces Di vision, Office of General Counsel, 
Department of Agriculture, Missoula, MT, counsel for Respondent. 
BORWICK , Board Judge. 
ORDER 
On February 29, 2008, the parties reported that they  had reached  a settlement of this 
matter  and moved  to dismiss these appeals.  Pursuant to the agreement of  the parties and Rule 
12(c), these appeals are DISMISSED . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE:  August 6, 2024
CBCA 7931
BRADFORD ALLEN CAPITAL, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Gordon N. Griffin of Holland & Knight LLP, Washington, DC; and Danielle R. Rich
of Holland & Knight LLP, Tysons, VA, counsel for Appellant.
Kristi Singleton, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
On August 6, 2024, in accordance with the terms of their settlement agreement, the
parties filed a joint motion to dismiss this appeal.  The parties’ motion is granted.  This
appeal is DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE:  May 11, 2009 
CBCA 1349, 1350 
JERMAINE’S HAULING & SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Valerie Cramer of Cramer Law PLC, Des Moines, IA, counsel for Appellant. 
Brian Reed and Larry Stunkel, Office of Regional Counsel, Department of Veterans 
Affairs, Hines, IL; and Phil Kauffman and Phillipa L. Anderson, Office of General Counsel, 
Department of Veterans Affairs, Washington, DC, counsel for Respondent. 
McCANN, Board Judge. 
ORDER 
On September 22, 2008, Jermaine’s Hauling & Services, Inc,. filed notices of appeal 
in connection with disputes under contract numbers V636A6P-1937  and V636A7P-1816 , 
to provide solid waste collection and disposal services, and miscellaneous trash and 
nonedible garbage removal services at the VA Central Iowa Health Care System, Des 
Moines, Iowa. On May 6, 2009, the parties filed a joint motion to dismiss with prejudice, 
along with an executed settlement agreement, stating that the appeals have been settled. 

 
__________________________________ 
2 CBCA 1349, 1350 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge /Mediator
______________________ 
DISMISSED WITH PREJUDICE: August 30, 2011 
CBCA 2439 
LIN GAN, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Lin Gan, pro se, Bowie, MD . 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The appellant, Lin Gan, has withdrawn his claim and has advised the Board that the 
case should be dismissed. Accordingly, the appeal hereby is DISMISSED WITH 
PREJUDICE. 
RICHARD C. WALTERS 
Board Judge
DISMISSED WITH PREJUDICE: March 29, 2016
CBCA 5203
BRUCE W. BEARD,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Bruce W. Beard, pro se, Jacksonville, AR.
Stephen T. O’Neal, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board has received respondent’s correspondence, dated March 25, 2016,
requesting the dismissal of the above-captioned appeal with prejudice.  Appellant verbally
confirmed to the Board on March 29, 2016, that the parties have resolved this matter and that
he does not oppose the request.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
MARIAN E. SULLIVAN
Board Judge
GRANTED: September 7, 2016
CBCA 5412
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Jonathan S. Aronie of Sheppard, Mullin, Richter & Hampton LLP, Washington, DC,
counsel for Appellant.
Jason A. Blindauer and Linda A. Santiago, Office of the General Counsel, Department
of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
Shortly after this appeal was filed, the parties jointly filed a motion and stipulation
complying with Board Rule 25(b) (48 CFR 6101.25(b) (2015)) for an award to the appellant
of $18,538, the amount sought in the notice of appeal.  Having concluded that we have
jurisdiction, and in particular that the appellant’s certified claim concerning purchase order 
HHSN263200900344B, issued under schedule contract GS-25F-0062L, was correctly
submitted to the ordering contracting officer rather than the schedule contracting officer,
see Sharp Electronics Corp. v. McHugh, 707 F.3d 1367, 1374 (Fed. Cir. 2013), we grant the
motion and the appeal.  

CBCA 5412 2
Decision
The appeal is GRANTED.  The appellant is awarded $18,538.00.
__________________________________
KYLE CHADWICK
Board Judge
We concur:
______________________________ _________________________________
JERI KAYLENE SOMERS H. CHUCK KULLBERG
Board Judge Board Judge
GRANTED IN PART: May 26, 2016
CBCA 5041, 5042
B.C. CONSTRUCTION CO., INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia and James Petersen of Manfredonia Law Offices, LLC,
Cresskill, NJ, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, and Jeanne S. Morris, Office of General Counsel, Department of Veterans
Affairs, Leeds, MA, counsel for Respondent.
Before Board Judges DANIELS (Chairman), SHERIDAN, and LESTER. 
SHERIDAN, Board Judge.
In these appeals, appellant, B.C. Construction Co., Inc. (BC), sought damages and
interest pursuant to the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA), under
Department of Veterans Affairs (VA) contract VA241-C-1301, task order VA 523-Z15001,
referred to as the GI/Endoscopy Renovation at the VA Medical Center, Jamaica Plains,
Massachusetts.  Among other things, BC’s claims sought extended field office and home
office overhead, alleging that it had incurred 873 days of compensable delay under the
contract. 


CBCA 5041, 5042 2
On May 25, 2016, the parties filed a joint motion for judgment on settlement
agreement, stating: 
1.  This Board docketed as CBCA 5041 and 5042 two appeals relating to
Contract No. VA241-C-1301/Task Order VA 523-Z15001.
2.  The VA and Appellant have entered into a Settlement Agreement under
which the issues and disputes that are the subject of this appeal have been
amicably resolved.  Attached is a copy of the Settlement Agreement for the
Board’s consideration.
3.  Pursuant to the terms of their Settlement Agreement, the parties jointly
move the Board for Judgment in favor of BC in the amount of $3,950,000.  
4.  Per the terms of the Settlement, Contract Disputes Act (CDA) interest on
said Settlement amount will begin to accrue on June 21, 2016, if payment
thereof has not been made to BC by that date.  Said CDA interest shall
continue to accrue until payment of the Settlement amount has been made and
shall be payable to BC along with payment of said Settlement amount.  
5.  BC waives any further right it may have to claim for recovery of interest
other than that provided for in paragraph 4 above or of any attorney’s fees and
expenses it may have incurred in conjunction with the claims or appeals.  
6.  The parties will not seek reconsideration of, or relief from the Board’s
decision, and they will not appeal the decision.
Decision
Accordingly, these appeals are GRANTED IN PART.  In accordance with the
parties’ motion, the Board awards the sum of $3,950,000 plus CDA interest to run from June
21, 2016, until payment.  Payment shall be made from the permanent indefinite judgment
fund, 31 U.S.C. § 1304 (2012).  
                                                             
PATRICIA J. SHERIDAN
Board Judge

CBCA 5041, 5042 3
We concur:
                                                                                                                          
STEPHEN M. DANIELS HAROLD D. LESTER, JR.
Board Judge Board Judge
DISMISSED WITH PREJUDICE: May 25, 2010 
CBCA 1970 
CASA GRANDE COMMUNITY BASED CLINIC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Edward J. Bullard, Jr. of Westerman Ball Ederer Miller & Sharfstein, LLP, Uniondale, 
NY, counsel for Appellant. 
Donald C. Mobly, Office of Regional Counsel, Department of Veterans Affairs, 
Albuquerque, NM, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On May 20, 2010, the parties informed the Board that the case had been resolved and 
jointly agreed that CBCA 1970 should be dismissed with prejudice.  
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge