GRANTED IN PART: July 17, 2009 
CBCA 717 
CADDELL CONSTRUCTION COMPANY, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Arlan D. Lewis of Bradley Arant Rose & White LLP, Birmingham, AL, counsel for 
Appellant. 
Catherine Crow, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), BORWICK, and WALTERS. 
WALTERS, Board Judge. 
The instant appeal was from a contracting officer’s decision regarding a claim 
submitted by the appellant, Caddell Construction Company, Inc. (Caddell), on behalf of 
itself and its various subcontractors, to respondent, the General Services Administration 
(GSA), for $15,009,889.  The claim relates to a contract between the parties under contract 
no. GS06P02GZC0546 for the renovation of the Edward Zorinsky Federal Building in 
Omaha, Nebraska (the contract).  Subsequent to the Board docketing the appeal, Caddell 
revised its total overall claim amount downward to $12,048,984. By decision of January 21, 
2009, the Board had made a partial award of $1,241,617.99 in Caddell’s favor with respect 

 
  
 
     
 
   
  
  
   
   
 
 
 
2 CBCA 717 
to a portion of the overall claim, for one of the component claim items submitted on behalf 
of one of Caddell’s subcontractors, Faith Technologies, Inc., d/b/a SKC Electric (SKCE). 
That partial award, pursuant to the parties’ settlement agreement and joint stipulation, was 
paid, pursuant to the Board’s decision, from the permanent indefinite judgment fund, 31 
U.S.C. § 1304 (2006). 
On January 9, 2009, GSA demanded payment from Caddell of $2,949,500 for 
liquidated damages in connection with its performance under the contract.  Caddell disputed 
this demand. Subsequently, through alternative dispute resolution (ADR), the parties 
resolved this liquidated damages claim as well as all remaining Caddell claim items under 
the appeal. 
Pursuant to a settlement agreement, executed and effective on July 8, 2009, the 
parties agreed that Caddell would accept the total sum of $3,652,145.46 (the “settlement 
amount”) in full and final settlement of all matters relating to the contract, including without 
limitation the claim and appeal.  To effect payment of the settlement amount, the parties 
agreed to: (1) execute a bilateral modification to the contract that provides for an increase 
in the contract price by $1,000,000; and (2) enter into a joint stipulation seeking a final 
judgment from the Board in the total sum of $2,652,145.46.  The parties accordingly have 
submitted a joint motion for stipulated award, under which they seek an award in Caddell’s 
favor in the total amount of $2,652,145.46, inclusive of costs, attorney fees, and interest, to 
be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006).  The 
settlement agreement and joint stipulation provide that, should payment of the settlement 
amount not be made to Caddell within seventy-five days of the effective date of the 
settlement agreement, i.e., by Monday, September 21, 2009, interest under the Contract 
Disputes Act of 1978, 41 U.S.C. § 611, shall begin to accrue on any unpaid part of the 
settlement amount, starting on the seventy-sixth day after the effective date of the settlement 
agreement (that is, starting on September 22, 2009).  Finally, the joint stipulation, pursuant 
to Board Rule 25(b) (48 CFR 6101.25(b) (2008)), provides that neither party will seek 
reconsideration of or relief from the Board’s decision or appeal the Board’s decision related 
to the motion. 

 
  
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3 CBCA 717 
Decision 
Accordingly, the appeal is GRANTED IN PART.  In accordance with the parties’ 
joint motion, the Board awards Caddell the sum of $2,652,145.46, inclusive of costs, 
attorney fees, and interest, said award to be paid from the permanent indefinite judgment 
fund, 31 U.S.C. § 1304.  Also, in accordance with the parties’ settlement agreement and 
joint motion, should payment of the settlement amount not be made to Caddell by September 
21, 2009, interest under the Contract Disputes Act of 1978, 41 U.S.C. § 611, shall begin to 
accrue on any unpaid part of the settlement amount, starting on September 22, 2009. 
RICHARD C. WALTERS 
Board Judge 
We concur: 
STEPHEN M. DANIELS ANTHONY S. BORWICK 
Board Judge Board Judge