CBCA 505 AND 1436 GRANTED IN PART; 
CBCA 504 DISMISSED WITH PREJUDICE:  December 10, 2009 
CBCA 504, 505, 1436 
DICK CORPORATION, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Douglas L. Patin of Bradley Arant Rose & White LLP, Washington, DC, counsel for 
Appellant. 
Dalton F. Phillips and Catherine Crow, Office of General Counsel, General Services 
Administration, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS  (Chairman), STERN , and GOODMAN . 
GOODMAN , Board Judge. 
Dick Corporation has appealed four decisions of a contracting officer of respondent 
General Services Administration arising from its contract for construction work for the new 
United States Federal Courthouse in Miami, Florida.  The first appeal, docketed as CBCA 
503, is related to the denial of Change Order Request (COR) 297.  The second appeal, 
docketed as CBCA 504, is related to the denial of COR 256.  The third appeal, docketed as 
CBCA 505, is related to the denial of COR 299.  The fourth appeal, docketed as CBCA 1436, 

     
 
  
    
    
  
   
   
    
  
  
   
    
   
2CBCA 504, 505, 1436 
is related to the denial of a certified claim submitted by Dick with various pass-through 
claims from its subcontractors. 1   Various CORs were included in this last claim. 
The parties engaged in an alternative dispute resolution proceeding with a Board 
Judge serving as an ADR neutral.  On November 25, 2009, the parties filed a motion entitled 
“motion for stipulated partial award and partial dismissal with prejudice” with regard to 
CBCA 504, 505, and 1436.  The motion reads in part: 
Appellant and Respondent have agreed that, in full and final settlement of all 
direct cost claims relating to certain change order requests (“CORs”) asserted 
in the above referenced Appeals, which arose out of the work on the New U.S. 
Courthouse Project located in Miami, Florida,  Appellant and Respondent shall 
request that the Board enter partial judgment for Appellant in the above 
referenced Appeals in the total sum of $3,678,311, plus interest (calculated at 
the applicable rates pursuant to the Contract Disputes Act) beginning 
August 10, 2009 until the date of payment to Appellant.  The details of this 
partial settlement, including the specific direct cost COR claims settled and the 
reserved Appellant claims relating to the above Appeals, are set forth in the 
attached Settlement Agreement which has been executed by Appellant and 
Respondent.  The terms of the attached Settlement Agreement are hereby 
incorporated by reference into this motion. 
Appellant and Respondent hereby jointly request the Board to issue a decision 
adopting this Stipulated Partial Settlement, and to take whatever other actions 
are necessary to allow for payment to Appellant of the $3,678,311, plus 
interest as described in the attached Settlement Agreement. 
The parties further jointly move that the Board dismiss with prejudice Appeal 
Nos. 504 and 505 and the portion of Appeal No. 1436 that relates to the direct 
cost CORs listed in Attachment A of the attached Settlement Agreement. 
As part of this Stipulated Partial Settlement, both Appellant and Respondent 
represent and commit that 1) neither will seek reconsideration or relief from 
the Board's decision adopting this Stipulated Partial Settlement, and 2) neither 
will appeal the Board's decision adopting this Stipulated Partial Settlement. 
1   The first three of these appeals were filed at the General Services Administration 
Board of Contract Appeals (GSBCA) and transferred to this Board in January 2007. 

 
   
  
 
 
  
     
      
     
    
 
 
   
 
 
          
 
          
   
3 CBCA 504, 505, 1436 
The settlement agreement stated in part: 
1) In full and final settlement of the direct cost claims by Dick and its 
subcontractors relating to the CORs listed on Attachment A hereto, the GSA 
and Dick shall enter into a joint stipulation in which the parties request that the 
Board enter partial judgment in the amount of $3,678,311, plus interest 
calculated at the rates applicable pursuant to the Contract Disputes Act 
beginning August 10, 2009 until the date of payment to Dick.  (The $3,678,311 
plus the described interest is herein referenced to as the “Settlement Amount”). 
The $3,678,311 amount is the sum of the direct cost settlements detailed on 
Attachment B hereto, and consists of the following: direct cost CORs related 
to Dynalectric ($1,415,807); direct cost CORs related to Kirlin ($489,616); 
direct cost CORs related to Cyrus ($138,151); and direct cost CORs related to 
Dick ($1,634,737). The joint stipulation shall also include a request that the 
Board dismiss with prejudice Appeal Nos. 504 and 505 and dismiss with 
prejudice the portion of Appeal No. 1436 that relates to the direct cost CORs 
listed on Attachment A hereto.  Except for the interest described herein and 
except for the reservations contained in Paragraph 4 below, this settlement is 
inclusive of any costs, interest, and attorney fees claimed by Dick to the extent 
specifically related to the direct cost CORs listed on Attachment A hereto. 
. . . 
3) It is agreed that the payment of the Settlement Amount to Dick fully 
compensates Dick for all direct costs and markup of Dick and its 
subcontractors relating to each of the CORs listed on Attachment A. As such, 
in consideration of the commitments set forth herein, Dick (on behalf of itself 
and its subcontractors) hereby waives and releases all claims, demands or 
causes of action, whether present, future, known, or unknown, against the GSA 
for any and all direct costs or associated markup relating to each of the CORs 
listed on Attachment A hereto. 
4) It is agreed that the waiver and release contained in this Agreement does not 
apply to any claims, demands or causes of action which Dick (on behalf of 
itself or its subcontractors) may have against the GSA for any delays, 
inefficiencies, impacts or other such costs arguably attributable or related to 
the changed or added work referenced in the CORs contained in Attachment 
A. Any such claims, demands or causes of action are fully reserved by Dick 
and its subcontractors.  Additionally, it is agreed that certain CORs previously 
submitted by Dick to the GSA have not yet been settled and are not covered 

     
  
   
        
 
 
   
 
    
          
 
 
       
    
  
  
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4 CBCA 504, 505, 1436 
by this Agreement. Those CORs are identified with the following COR 
Numbers:  197; 297; 59; 47; 210; 206; 135; 49 and 67. [2]   Dick and its 
subcontractors reserve all claim rights relating to those nine listed CORs. 
In their motion for stipulated partial award and partial dismissal with prejudice, the 
parties agree that they will not seek reconsideration of or relief from this Board’s decision 
awarding judgment and that they will not appeal the Board's decision. 
Decision 
Accordingly, CBCA 504 is DISMISSED WITH PREJUDICE . CBCA 505 and 
1436 are GRANTED IN PART .3 In accordance with the settlement agreement, the Board 
awards the sum of $3,678,311, plus interest in accordance with the Contract Disputes Act, 
accruing as stated in the settlement agreement, to be paid from the permanent indefinite 
judgment fund.  31 U.S.C. § 1304 (2000). 
ALLAN H. GOODMAN 
Board Judge 
2 COR 297 is the subject of CBCA 503.  The other eight CORs listed as not yet 
settled and not covered by the Agreement are included in CBCA 1436. 
3 The parties’ motion requested that the Board dismiss with prejudice CBCA 504, 
CBCA 505, and the portion of CBCA 1436 that related to the CORs listed in Attachment 
A of the settlement agreement. During a conference on December 3, 2009, counsel advised 
the Board that 1) no portion of the settlement amount was allocated to COR 256, which is 
listed in Attachment A of the Settlement Agreement as settled and is the subject of CBCA 
504, and 2) a portion of the settlement amount was allocated to COR 299, which is listed 
in Attachment A of the Settlement Agreement as settled and the subject of CBCA 505.  We 
dismiss with prejudice the appeal that is settled and to which funds are not allocated in the 
settlement amount, and we grant in part the appeals to which funds are allocated in the 
settlement amount. After issuance of this decision, CBCA 503 and portions of CBCA 1436 
remain before the Board.  We quote the relevant portions of the parties’ settlement 
agreement in which they identify that which has been settled and released and that which has 
not. 

______________________________ _________________________________ 
5 CBCA 504, 505, 1436 
We concur: 
STEPHEN M. DANIELS JAMES L. STERN 
Board Judge Board Judge