DISMISSED WITH PREJUDICE: June 9, 2016
CBCA 3907, 3953, 4002, 4015, 4108, 4171, 4172, 4192, 4311, 4315, 4323, 4376, 4393,
4424, 4432, 4451, 4472, 4479
KIEWIT-TURNER, A JOINT VENTURE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William E. Dorris, Reginald A. Williamson, and Elizabeth C. Akins of Kilpatrick
Townsend & Stockton LLP, Atlanta, GA; and Michael A. Branca of Peckar & Abramson,
P.C., Washington, DC, counsel for Appellant.
Charlma Quarles, Cecily Chambliss, Eyvonne Mallett, Benjamin Diliberto, and
Khaliah Wrenn McLaurin, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of Veterans Affairs (VA) contracted with Kiewit-Turner, a Joint
Venture (KT) for the construction of a medical center campus in Aurora, Colorado.  KT has
submitted numerous claims to the VA contracting officer regarding work done under this
contract.  KT has appealed from the contracting officer’s decisions on those claims.


CBCA 3907, 3953, 4002, 4015, 4108, 4171, 4172, 4192, 4311, 4315, 4323, 4376,
4393, 4424, 4432, 4451, 4472, 4479
2
On June 8, 2016, the parties filed a joint motion to dismiss with prejudice the last
eighteen of those appeals, as follows:
–  CBCA 3907 (PCO (proposed change order) #158, BP (bid package) #074, metal
stairs, $1,913,404);
–  CBCA 3953 (NOC (notice of change) #288, CM (change management) #705,
diagnostic and treatment building power receptacles, $2085 and thirty-seven activity
days; PCO #407, CM #829, parking visitors north missing control conduit, $7461 and
seventy-six activity days; and PCO #450, CM #858, concourse level 3 lighting,
$24,519 and 135 activity days);
–  CBCA 4002 (PCO #322, BP #111, CM #377.037 general trades, $16,108,767);
–  CBCA 4015 (PCO #233, CM #466, debris netting at inpatient building north
elevator and stairwell cores, $21,828 and five activity days);
–  CBCA 4108 (PCO #165, BP #038, CM #377.007, structural concrete,
$16,806,300);
–  CBCA 4171 (CM #395.002, 17th Place pedestrian bridge concrete, $723,187);
–  CBCA 4172 (PCO #283R1, CM #595, clinic building south three-way valve, $6937
and 139 activity days);
–  CBCA 4192 (PCO #405, CM #710, clinic building center site utility, $3203 and
106 activity days);
–  CBCA 4311 (PCO #253, CM #604, miscellaneous structural revisions, $33,712);
–  CBCA 4315 (PCO #322, BP #111, CM #377.037, general trades, $16,108,767);1
1 This claim is duplicative of the claim at issue in CBCA 4002.  CBCA 4002 is
an appeal from a deemed denial of the claim; CBCA 4315 is an appeal from a subsequent
contracting officer decision.

CBCA 3907, 3953, 4002, 4015, 4108, 4171, 4172, 4192, 4311, 4315, 4323, 4376,
4393, 4424, 4432, 4451, 4472, 4479
3
–  CBCA 4323 (PCO #165, BP #038, CM #377.007, structural concrete,
$16,806,300);2
–  CBCA 4376 (PCO #221, CM #415, penetrating sealer at garage topping slabs,
$838,645 and twelve activity days); 
–  CBCA 4393 (PCO #449, CM #852, parking structure north (PSN) elevator
controls, $56,177 and thirteen activity days);
–  CBCA 4424 (PCO #206R1, CM #316, construction documents issuance #10 and
below-grade waterproofing, $708,927);
–  CBCA 4432 (PCO #378, CM #796, moisture vapor emissions sealer – balance of
project, $691,208);
–  CBCA 4451 (PCO #278, CM #576, PSN plumbing re-routing, $40,899 and sixty-
two activity days);
–  CBCA 4472 (PCO #295, CM #681, heat tracing for grease drain piping, $93,849);
and
–  CBCA 4479 (PCO #200, CM #411, expedite concrete at inpatient building south;
and PCO #209, CM #539, inpatient building north hoisting for concrete work, a total
of $264,920 for both matters).
The motion is granted.  CBCA 3907, 3953, 4002, 4015, 4108, 4171, 4172, 4192,
4311, 4315, 4323, 4376, 4393, 4424, 4432, 4451, 4472, and 4479 are DISMISSED WITH
PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
2 This claim is duplicative of the claim at issue in CBCA 4108.  CBCA 4108 is
an appeal from a deemed denial of the claim; CBCA 4323 is an appeal from a subsequent
contracting officer decision.