Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE: April 16, 2009 
CBCA 826 
LANE FISHMORE ODESSA, L.P. and LANE FISHMORE, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Don C. Dennis of Boerner, Dennis & Franklin, PLLC, Lubbock, TX, counsel for 
Appellant. 
Richard Hughes and Heather Cameron, Office of General Counsel, General Services 
Administration, Washington, DC, counsel for Respondent. 
VERGILIO , Board Judge. 
ORDER 
On July 23, 2007, this Board received a notice of appeal from Lane Fishmore Odessa, 
L.P. and Lane Fishmore, Inc. (collectively the contractor and appellant) concerning a lease, 
GS-07B-15527, with the respondent, the General Services Administration (Government), 
with occupancy by the Social Security Administration in Waxahachie, Texas.  The contractor 
pursues payment of $26,938.62, in adjustments to the lease, after the contracting officer 
issued a decision paying $10,788.58 of the $37,727.20 claimed by the contractor. 
The Board has jurisdiction over this timely-filed appeal, pursuant to the Contract 
Disputes Act of 1978, as amended.  41 U.S.C. §§ 601-613 (2006).  The parties agreed to 
proceed informally, after the submission of the appeal file, without a complaint or answer. 
They have settled the dispute.  On April 14, 2009, the parties filed a joint request for a 
dismissal with prejudice. 

_________________________ 
2 CBCA 826
 
Accordingly, the Board DISMISSES WITH PREJUDICE  this appeal.
 
JOSEPH A. VERGILIO 
Board Judge
DISMISSED WITH PREJUDICE:  November 4, 2024
CBCA 8115
TRINITY REAL ESTATE VENTURES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Leroy Allen, Clearwater, FL, counsel for Appellant.
Jared M. Levin, Office of General Counsel, Department of Veterans Affairs,
Brockton, MA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On October 31, 2024, 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: November 16, 2016
CBCA 5450
MELWOOD HORTICULTURAL TRAINING CENTER, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Larysa M. Kautz of Melwood Horticultural Training Center, Inc., Upper Marlboro,
MD, counsel for Appellant.
Elyssa Tanenbaum, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On August 22, 2016, the Board received from Melwood Horticultural Training Center,
Inc. a notice of appeal said to be based upon a deemed denial of a claim involving a contract,
GS-11P-07-YE-D-0071, with the General Services Administration.  Formal proceedings
were suspended at the request of the parties.  In accordance with a request of Melwood
received on November 15, under Rule 12, the Board DISMISSES WITH PREJUDICE this
appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: May 3, 2012 
CBCA 1802 
6th AND E ASSOCIATES, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Brett D. Orlove of Grossberg, Yochelson, Fox & Beyda, LLP, Washington, DC, 
counsel for Appellant. 
Lesley M. Busch, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
Appellant, 6 th and E Associates, LLC, appealed a General Services Administration 
contracting officer’s final decision regarding lease number GS-11B-01864 for repair and 
replacement of rooftop chillers at the Bicentennial Building in Washington, D.C. 
On May 1, 2012, the parties filed a joint stipulation for dismissal, stating that the 
dispute has been resolved and requesting the appeal be dismissed with prejudice. 

 
      
_______________________________ 
  
 
2 CBCA 1802 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE: February 23, 2021
CBCA 6474
VETERANS CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Joseph B. Jerome, John D. Grauer, and Anthony M. D’Attoma of Joseph B. Jerome
and Associates, Cleveland, OH, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA; and Harold W. Askins III, Office of General Counsel, Department of Veterans Affairs,
Charleston, SC, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
On February 22, 2021, the parties filed a motion requesting the Board dismiss this
appeal with prejudice.  Pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2019)), the
motion is granted.  This appeal is DISMISSED WITH PREJUDICE.
  Jerome M. Drummond    
JEROME M. DRUMMOND
Board Judge
DISMISSED WITH PREJUDICE: January 11, 2017
CBCA 5504
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Baltimore, MD, counsel for Appellant.
Tami S. Hagberg and Richard G. Bergeron, Office of the General Counsel,
Department of Health and Human Services, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties filed a joint request to dismiss the appeal because the claim has “been
settled, resolved and paid.”  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
__________________________________
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: September 7, 2017
CBCA 5614
ADDVETCO, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Michael D. Klein, Steven P. Engel, and Amanda B. Kraft of Blumling & Gusky, LLP,
Pittsburgh, PA, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
The Board is in receipt of the parties’ joint stipulation of dismissal with prejudice. 
The Board commends the parties on reaching a settlement and, consistent with the parties’
request in their stipulation, we DISMISS this appeal WITH PREJUDICE.
___________________________________
BEVERLY M. RUSSELL 
Board Judge
DISMISSED WITH PREJUDICE: August 11, 2020
CBCA 6873
JASON PORTER dba JPAC CONSTRUCTION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Russell D. Cook of Law Offices of Russell D. Cook, Fresno, CA, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
LESTER, Board Judge.
ORDER
On August 10, 2020, the parties notified the Board that they have resolved the dispute
underlying this appeal and jointly requested the Board dismiss the appeal with prejudice. The
parties’ joint request is granted. This appeal isDISMISSED WITH PREJUDICE.
Harold D. Lester, Jr.
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: October 30, 2007 
CBCA 559 
TECHSOLUTIONS, INC., 
Appellant, 
v. 
NUCLEAR REGULATORY COMMISSION, 
Respondent. 
Anne Patterson, President of TechSolutions, Inc., Warfordsburg, PA, appearing for 
Appellant.  
Norman D. St. Amour and Elva Bowden Berry, Office of the General Counsel, 
Nuclear Regulatory Commission, Rockville, MD, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On August 7, 2007, the parties filed with the Board their agreement to settle this 
appeal.  Under the terms of their settlement agreement, appellant would pay respondent 
$15,000, and respondent would convert its termination of appellant’s contract for cause to 
a termination for convenience.  Upon receipt of the parties’ settlement agreement, the Board 
conferred with the parties in a telephone conference, and an understanding was reached that 
the parties would comply with the terms of their settlement agreement before the Board 

 
     
 
______________________ 
2 CBCA 559 
dismissed this appeal with prejudice, and a suspension of proceedings for sixty days would 
be ordered for that purpose.  Board’s Conference Memorandum (Aug. 16, 2007) at 2.  
On October 24, 2007, the parties filed a joint motion that advised the Board that they 
had complied with all of the terms of their settlement agreement, and they requested that the 
Board dismiss this appeal with prejudice.  
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE: March 20, 2009 
CBCA 1497 
DULLES MICRO, LLC, 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
John R. Tolle and Bryan R. King of Barton, Baker, Thomas & Tolle, LLC, McLean, 
VA, counsel for Appellant. 
Morton J. Posner, Office of General Counsel, Department of Justice, Washington, DC, 
counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On January 21, 2009, the Board docketed this appeal.  Appellant’s notice of appeal 
requested an accelerated proceeding under Rule 53. 
The Board’s order dated February 25, 2009, scheduled this appeal for a hearing. 
On March 16, 2009, appellant filed a motion to withdraw this appeal.  

______________________ 
2 CBCA 1497 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE: April 2, 2019
CBCA 6130
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, LLP, Baltimore, MD, counsel for
Appellant.
Neil S. Deol, Office of the General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald C. Mobly, Office of the General Counsel, Department of Veterans Affairs,
Denver, CO, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Kyle Chadwick             
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: March 24, 2015
CBCA 3521
BLUE YONDER, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Victor G. Klingelhofer and Andrew K. Wible of Cohen Mohr LLP, Washington, DC,
counsel for Appellant.
Brian R. Reed, Office of Regional Counsel, Department of Veterans Affairs,
Charleston, IL, counsel for Respondent.
DANIELS, Board Judge (Chairman). 
ORDER
Blue Yonder, Inc., renovated space at the Federal Health Care Center in North
Chicago, Illinois, under a contract with the Department of Veterans Affairs (VA).  Blue
Yonder claimed that due to various actions and decisions by the VA, the contractor was
entitled to an increase of $150,213.57 in the contract price and an additional 182 calendar
days in which to complete the work.  The contracting officer agreed to pay some of the
money and afford the contractor some of the time asserted, but otherwise denied the
claim.  Blue Yonder appealed the decision to the Board.

CBCA 3521 2
Following mediation by a Board judge and further negotiations between the
parties, Blue Yonder has filed a motion to dismiss the appeal with prejudice, stating that
this case has been settled.
The motion is granted.  The appeal is DISMISSED WITH PREJUDICE.
_____________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITHOUT PREJUDICE: May 22, 2020
CBCA 6725
PARAMOUNT CONSTRUCTION GROUP, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
James E. Krause of James E. Krause, P.A., Jacksonville, FL, counsel for Appellant.
Mary A. Mitchell and Tyler Brown, Office of General Counsel, Department of
Veterans Affairs, Houston, TX counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties’ joint motion to dismiss this appeal, pursuant to Board Rule 12(b)(2),
without prejudice is GRANTED.
Allan H. Goodman
ALLAN H. GOODMAN
Board Judge
DISMISSED FOR LACK OF JURISDICTION:  May 2, 2023
CBCA 7723
KNIGHTO LLC dba KNIGHT SOLUTIONS,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Lucas F. Webster and G. Harrison Bliss II of Davis, Agnor, Rapaport & Skalny, LLC,
Columbia, MD, counsel for Appellant.
Kathleen Ramos, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
Before Board Judges VERGILIO, KULLBERG, and CHADWICK.
VERGILIO, Board Judge.
After receipt of the disputed decision of the contracting officer, the contractor filed
this appeal at the Board outside of the statutory ninety-day window, 41 U.S.C. § 7104(a)
(2018).  The Board lacks jurisdiction to resolve the dispute.  See Treasure Valley Forest
Products v. Department of Agriculture, CBCA 3604, 14-1 BCA ¶ 35,549.


CBCA 7723 2
Decision
The case is DISMISSED FOR LACK OF JURISDICTION.
     Joseph A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
We concur:
    H. Chuck Kullberg              Kyle Chadwick               
H. CHUCK KULLBERG KYLE CHADWICK
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  January 8, 2018
CBCA 5843
 
C R ASSOCIATES, INC., 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Matthew R. Keller of Matthew Keller Law, PLLC, Herndon, VA, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
LESTER, Board Judge. 
ORDER
On January 8, 2018, the parties filed a joint motion to dismiss this appeal with
prejudice, indicating that they have resolved their dispute.  The parties’ motion is granted. 
This appeal is DISMISSED WITH PREJUDICE.
__________________________________
HAROLD D. LESTER, JR. 
Board Judge
______________________ 
  
 
DISMISSED WITH PREJUDICE: April 26, 2012 
CBCA 2555 
AMERICAN VETERAN, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Maribel Mena, President and CEO of American Veteran, Inc., Arleta, CA, appearing 
for Appellant. 
Joan L. Liguoro, Office of Regional Counsel, Department of Veterans Affairs, Los 
Angeles, CA, counsel for Respondent. 
KULLBERG , Board Judge. 
ORDER 
On September 14, 2011, the Board docketed this appeal. On April 20, 2012, appellant 
requested that this appeal be withdrawn. Accordingly, this appeal is DISMISSED WITH 
PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE:  April 4, 2023
CBCA 7236
THUNDERCAT TECHNOLOGY, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
W. Barron A. Avery of Morgan, Lewis & Bockius LLP, Washington, DC, counsel for
Appellant.
Karyne Constance Akhtar and Krystal A. Jordan, Office of the General Counsel,
Department of Health and Human Services, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On April 3, 2023, the parties filed a joint stipulation for dismissal, advising that they
have settled the dispute underlying the appeal.  The Board commends the parties on their
settlement of the dispute.  Accordingly, we DISMISS this appeal WITH PREJUDICE.
 
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: November 19, 2018
CBCA 5973
CHP INTERNATIONAL,
Appellant,
v.
DEPARTMENT OF LABOR
Respondent.
John R. Tolle of Baker, Cronogue, Tolle & Werfel, LLP, McLean, VA, counsel for
Appellant.
Vijaya S. Surampudi, Dennis A. Adelson, and Anna Davis Walker, Office of the
Solicitor, Department of Labor, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
As jointly requested by the parties, this appeal is DISMISSED WITH PREJUDICE. 
  Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: July 1, 2015
CBCA 4358
JTS CONTRUCTION COMPANY,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Geoffrey S. Gavett of Gavett, Datt & Barish, P.C., Rockville, MD, counsel for
Appellant.
Julie R. Zimmer, Office of Regional Counsel, Department of Veterans Affairs,
Baltimore, MD, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The parties have settled the appeal and have filed a joint motion seeking its dismissal
with prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_______________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE: July 20, 2020
CBCA 6832, 6838
4K GLOBAL-ACC JOINT VENTURE, LLC,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Karl Dix, Jr., Lochlin B. Samples, and Jonathan R. Mayo of Smith, Currie &
Hancock LLP, Atlanta, GA, counsel for Appellant.
José Otero and Joshua L. Caplan, Office of the Solicitor, Department of Labor,
Washington, DC; and Jean C. Abreu, Office of the Solicitor, Department of Labor, Atlanta,
GA, counsel for Respondent.
LESTER, Board Judge.
ORDER
Through motions filed on July 17, 2020, appellant, 4K Global-ACC Joint Venture,
LLC (4KG-ACC), requested voluntary dismissal of these two appeals, CBCA 6832 and
6838, with prejudice. 4KG-ACC’s motion is granted. CBCA 6832 and 6838 are
DISMISSED WITH PREJUDICE.
Harold D. Lester, Jr.
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: December 30, 2011 
CBCA 2627 
SWANK ENTERPRISES, 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Shawn W. Baker, Project Manager of Swank Enterprises, Kalispell, MT, appearing 
for Appellant. 
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO, 
counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
The Department of the Interior’s National Park Service contracted with Swank 
Enterprises (Swank) for renovation of the heating, ventilating, and air conditioning system 
at a building in Glacier National Park, Montana. While the work was being performed, a 
boiler froze and one of its heat exchangers cracked and required replacement. Swank 
maintained that errors by government personnel caused the problem, and it consequently 
demanded that the agency reimburse it for the $2917 it incurred in replacing the unit. The 
contracting officer denied the claim, deciding that Swank was responsible for providing heat 
in the building while construction was under way. Swank appealed the decision to the Board. 

 
            
             
          
      
_________________________ 
  
 
2 CBCA 2627 
The parties have now resolved their differences, with the Government agreeing to pay, 
and Swank agreeing to accept, $1458.50 in settlement of the claim. The settlement 
agreement includes a request that the appeal be dismissed with prejudice. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: October 16, 2019
CBCA 6602
CSI AVIATION, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Jason N. Workmaster, Abigail T. Stokes, and Caroline J. Watson of Miller &
Chevalier Chartered, Washington, DC, counsel for Appellant.
Cassandra A. Maximous, Office of the Principal Legal Advisor, Immigration and
Customs Enforcement, Department of Homeland Security, Washington, DC, counsel for
Respondent.
KULLBERG, Board Judge.
ORDER
On October 16, 2019, appellant filed a motion to withdraw this appeal because it had
received payment pursuant to a settlement agreement in a related appeal.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED:  November 9, 2020
CBCA 6826
IRENE HERMAN HOUNGBO,
Appellant,
v.
AGENCY FOR GLOBAL MEDIA,
Respondent.
Irene Herman Houngbo, pro se, Hyattsville, MD.
Maryellen Righi, James McLaren, and Heather Mandelkehr, Office of General
Counsel, Agency for Global Media, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
The respondent filed a motion to dismiss the case as moot in light of the contracting
officer’s decision to convert the termination for cause to a termination for convenience. 
Appellant has agreed to dismissal of the case.  Accordingly, the appeal is DISMISSED AS
MOOT. 
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED: October 1, 2019
CBCA 6527
FOXMAR, INC. dba EDUCATION AND TRAINING RESOURCES,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Angela B. Styles and Maureen C. McDonald of Akin Gump Strauss Hauer & Feld
LLP, Washington, DC, counsel for Appellant.
José Otero and Dennis A. Adelson, Office of the Solicitor, Department of Labor,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of appellant’s unopposed request for dismissal, filed on
September 30, 2019, in the above- referenced case.  Appellant states the parties  have entered
into a settlement agreement and requests that the appeal be dismissed. Accordingly, this
appeal is DISMISSED.
   Marian E. Sullivan                  
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  January 24, 2017
CBCA 4816
CEEPCO CONTRACTING, LLC,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Carol L. O’Riordan of The O’Riordan Bethel Law Firm, LLP, Washington, DC,
counsel for Appellant.
R. René Dupuy, John B. Alumbaugh, and Rachel B. Cochran, Office of the General
Counsel, Agency for International Development, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The Board is in receipt of appellant’s notice to dismiss this matter, advising the Board
that the parties had successfully settled the appeal.  Accordingly, the appeal is DISMISSED
WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
_________________________________ 
  
 
DISMISSED WITH PREJUDICE: August 31, 2010 
CBCA 1992 
WSSA REDFORD, L.L.C., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Diana Parks Curran of Curran Legal Services Group, Inc., Duluth, GA, counsel for 
Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On April 22, 2010, WSSA Redford, L.L.C., filed a notice of appeal in connection 
with a dispute under lease number GS-05B-17906, for leased space in Detroit, Michigan. 
On August 26, 2010, the parties filed a joint motion to dismiss with prejudice, stating the 
appeal has been fully settled. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED: September 16, 2010 
CBCA 2070 
SALAH ZUBAIR, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Salah Zubair, pro se, Jackson Heights, NY. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
The parties have settled this dispute and, on September 16, 2010, jointly moved to 
dismiss the appeal. 
Accordingly, the appeal is DISMISSED . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE:  July 15, 2014
CBCA 3861
1120 VERMONT AVENUE ASSOCIATES, LLP,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Brett D. Orlove of Grossberg, Yochelson, Fox & Beyda, LLP, Washington, DC,
counsel for Appellant.
Edith L. Toms and Robert A. Hauser, Office of Regional Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On July 14, 2014, with the concurrence of respondent, appellant filed a motion to
dismiss the captioned appeal with prejudice.  The Board commends the parties on reaching
a settlement of their dispute.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_________________________________
JONATHAN D. ZISCHKAU
Board Judge
GRANTED IN PART: September 22, 2010 
CBCA 508 
SIGAL CONSTRUCTION CORPORATION, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Hal J. Perloff of Husch Blackwell Sanders, LLP, Washington, DC, counsel for 
Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), BORWICK , and DRUMMOND . 
DRUMMOND , Board Judge. 
This appeal was from a contracting officer’s decision regarding a claim submitted by 
appellant, Sigal Construction Corporation (Sigal), on behalf of itself and various 
subcontractors, to respondent, the General Service Administration (GSA), for $1,519,803. 
The claim relates to contract no. GS11P03MKC0047 for renovation and improvement work 
at the Harry S. Truman (Old State) Building in Washington, D.C. 

 
            
   
              
         
       
     
            
           
             
          
              
            
             
               
           
  
 
                                                                                        
    
  
2 CBCA 508 
On September 16, 2010, the parties filed a “Stipulation for Judgment; Joint Certificate 
of Finality,” which states: 
The parties jointly stipulate that Judgment should be entered in favor of . . . 
Sigal Construction Corporation in the amount of $1,100,000, inclusive of 
costs, attorneys fees, and interest allowable under the Contract Disputes Act, 
41 U.S.C. §§ 601, et seq . 
Pursuant to Rule 31 of the Board’s . . . Rules of Procedure, the parties further 
certify that they shall not seek review or reconsideration of judgement so 
rendered. With respect to the decision of the Board issued pursuant to this 
stipulation, the parties waive their rights to reconsideration under Rule 26, 
rights to relief from judgment under Rule 27, and rights to appeal the decision. 
Accordingly, the appeal is GRANTED IN PART . In accordance with the parties’ 
joint stipulation, the Board awards Sigal the sum of $1,100,000, inclusive of costs, attorneys 
fees, and interest under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2006), to 
be paid from the permanent indefinite judgment fund, 31 U.S.C. § 1304. 
We concur: 
_______________________ 
JEROME M. DRUMMOND 
Board Judge 
STEPHEN M. DANIELS 
Board Judge 
ANTHONY S. BORWICK 
Board Judge
_____________________________ 
DISMISSED WITH PREJUDICE:  November 20, 2007 
CBCA 66 
USPROTECT CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Shlomo D. Katz and Daniel B. Abrahams of Epstein Becker & Green, P.C., 
Washington, DC, counsel for Appellant. 
Jennifer L. Longmeyer-Wood, Office of the Principal Legal Advisor, Immigration 
and Customs Enforcement, Department of Homeland Security, Washington, DC, counsel
 
for Respondent.
 
FENNESSY, Board Judge.
 
ORDER 
The parties have filed a joint stipulation for dismissal of this appeal with prejudice 
upon the ground that appellant has decided not to prosecute this appeal.  The parties state that 
they will not seek reconsideration of, or relief from, the dismissal of this appeal and they will 
not appeal the dismissal of this appeal. 
Therefore, this appeal is DISMISSED WITH PREJUDICE . 
EILEEN P. FENNESSY 
Board Judge
DISMISSED WITH PREJUDICE:  August 7, 2024
CBCA 8043
AE WORKS, LTD,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Nicholas T. Solosky of Fox Rothschild LLP, Washington, DC, counsel for Appellant.
Jared M. Levin, Office of General Counsel, Department of Veterans Affairs,
Brockton, MA, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On August 6, 2024, the parties submitted a joint request for dismissal of the captioned
appeal in light of the parties’ resolution of the dispute.  The Board commends the parties on
the successful resolution of this matter.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
______________________ 
DISMISSED WITH PREJUDICE: October 24, 2011 
CBCA 2469 
JAMES F. WARD AND ASSOCIATES, INC., 
Appellant, 
v.
 DEPARTMENT OF AGRICULTURE, 
Respondent. 
James F. Ward, Owner/President of James F. Ward and Associates, Inc., Nacogdoches, 
TX, appearing for Appellant. 
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have advised that the appeal has been settled. Based on the terms of the 
settlement agreement, appellant has withdrawn the appeal. Accordingly, the appeal hereby 
is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
MOTION FOR FULL BOARD CONSIDERATION DISMISSED AS MOOT:
March 10, 2014
CBCA 2878
JANE MOBLEY ASSOCIATES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION
Respondent.
Ralph C. Thomas III of Barton Baker Thomas & Tolle LLP, McLean, VA, counsel
for Appellant.
Catherine Crow and John S. Tobey, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
Before the Full Board.
The General Services Administration, respondent, has moved for full Board
consideration of the panel’s decisions in this case, Jane Mobley Associates, Inc. v. General
Services Administration, CBCA 2878 (Oct. 31, 2013), motion for reconsideration denied
(Jan. 16, 2014).
On February 19, 2014, the panel vacated these decisions.  Accordingly, respondent’s
motion for full Board consideration is moot.  The motion is DISMISSED AS MOOT.
DISMISSED WITH PREJUDICE:  November 17, 2025
CBCA 8017
NATIONAL RECOVERIES, INC.,
Appellant,
v.
DEPARTMENT OF EDUCATION,
Respondent.
Edward T. DeLisle, Andrés M. Vera, and Amaiya L. Johnson of Thompson Hine LLP,
Washington, DC; and Jamar T. King of Thompson Hine LLP, Miamisburg, OH, counsel for
Appellant.
Candice Jackson and Tim Rushenberg, Office of the General Counsel, Department
of Education, Washington, DC, counsel for Respondent.
KANG, Board Judge.
On November 17, 2025, the parties moved to dismiss this appeal with prejudice based
on their settlement agreement.  Pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)),
the appeal is DISMISSED WITH PREJUDICE.
    Jonathan L.  Kang       
JONATHAN L.  KANG
Board Judge
GRANTED IN PART: January 11, 2011 
CBCA 107 
REIDHEAD BROTHERS LUMBER MILL, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Richard W. Goeken and Alan I. Saltman of Saltman & Stevens, P.C., Washington, 
DC, counsel for Appellant. 
Patricia Leigh Disert and Mary Ann Joca, Office of the General Counsel, Department 
of Agriculture, Albuquerque, NM, counsel for Respondent. 
Before Board Judges BORWICK , VERGILIO , and KULLBERG . 
VERGILIO , Board Judge. 
On November 16, 1999, Reidhead Brothers Lumber Mill (purchaser) filed a notice of 
appeal involving a contracting officer’s decision denying all but $5038.28 (plus interest) of 
the underlying claim for $500,268.11. The purchaser is claiming entitlement to relief under 
its contract, 001368 (the Horton Timber Sale contract), with the Forest Service of the 
Department of Agriculture. Following the submission of the appeal file, complaint, and 
answer, the parties engaged in discovery, before jointly requesting and obtaining sequential 
suspensions of proceedings. The parties have resolved the dispute, agreeing upon a 
stipulated judgment. The Forest Service shall pay the purchaser $185,000, plus applicable 
interest, 41 U.S.C. § 611 (2006), calculated from July 2, 1999 (the date the contracting 
officer received the underlying claim). The parties release each other from any and all other 
claims connected with the timber sale and waive any and all rights to further claims or 
appeals related to these matters. Although the parties reference a future dismissal with 

 
            
                
  
           
          
______________________________ 
  
 
_____________________________ ______________________________ 
    
  
2 CBCA 107 
prejudice upon receipt of payment, the requested payment through the judgment fund, 41 
U.S.C. § 612, in the agreement dictates that the appeal be granted, to the full extent requested 
by the parties. 
Decision 
Accordingly, the Board hereby GRANTS IN PART the appeal, such that purchaser 
is to receive $185,000 plus interest calculated from July 2, 1999. 
JOSEPH A. VERGILIO 
Board Judge 
ANTHONY S. BORWICK H. CHUCK KULLBERG 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: July 9, 2018
CBCA 5687
CAIN CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Shawn C. Whittaker and Scott M. Myers of Whittaker & Associates, P.C., Rockville,
MD, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On July 9, 2018, 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: August 8, 2013
CBCA 1920, 2068 
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Donald J. Walsh of Offit Kurman, Owings Mills, MD, counsel for Appellant.
David R. Koeppel, Office of the Solicitor, Department of Labor, Washington, DC,
counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On August 5, 2013, the parties advised the Board that they had settled the
above-referenced appeals and jointly requested that the appeals be dismissed with prejudice.
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE:  December 8, 2015
CBCA 3775
DOUGLAS P. FLEMING, LLC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Fred A. Mendicino of Faughnan Mendicino PLLC, Dulles, VA, counsel for
Appellant.
Ricarto Brazela and Charlma Quarles, Office of the General Counsel, Department of
Veterans Affairs, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On December 4, 2015, the appellant filed, with the concurrence of respondent, a joint
request to dismiss the captioned appeal based on a settlement reached by the parties.  The
Board commends the parties on reaching a settlement of their dispute.  Accordingly, the
appeal is DISMISSED WITH PREJUDICE.
________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE:  October 27, 2022
CBCA 7372
DELLEW CORPORATION,
Appellant,
v.
SOCIAL SECURITY ADMINISTRATION,
Respondent.
Jonathan A. DeMella of Davis Wright Tremaine LLP, Seattle, WA, counsel for
Appellant.
Brandon Dell’Aglio and Tal Kedem, Office of the General Counsel, Social Security
Administration, Baltimore, MD, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On October 21, 2022, the parties jointly moved to dismiss the above-captioned appeal
with prejudice and without attorney fees or costs to either party.  The motion is granted.  The
appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE:  May 16, 2024
CBCA 8076
COUNTERTRADE PRODUCTS, INC.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Scott F. Lane of Thompson Coburn LLP, St. Louis, MO, counsel for Appellant.
William D. Robinson, Daniel K. George, Pawandeep V. Bhandari and Clint Gerdine,
Office of General Counsel, Federal Bureau of Prisons, Department of Justice, Washington,
DC, counsel for Respondent.
BEARDSLEY, Board Judge (Chair).
ORDER
On May 15, 2024, appellant filed a motion to dismiss this appeal with prejudice
pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)) because the underlying dispute has
been resolved.  The motion is granted.  The appeal is DISMISSED WITH PREJUDICE. 
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
MOTION TO COMPEL DENIED: August 13, 2020
CBCA 6809
S & DF PROPERTIES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Steve Forti, Managing Member of S & DF Properties, LLC, El Paso, TX, appearing
for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, HYATT, and ZISCHKAU.
BEARDSLEY, Board Judge.
Appellant has moved to compel alternative dispute resolution (ADR) pursuant to
Civilian Board of Contract Appeals (CBCA) Rules 8 and 54 (48 CFR 6101.8, .54 (2019)).
The Government, however, is unwilling to participate in ADR in this appeal and argues that
it cannot be compelled to participate. The Government also asserts that ADR is
counterproductive when forced on unwilling participants.See In re African American Slave
Descendants’ Litigation, 272 F. Supp. 2d 755, 759 (N.D. Ill. 2003) (citingIn re Atlantic Pipe
Corp., 304 F.3d 135, 143 (1st Cir. 2002)). We agree with the Government.


CBCA 6809 2
Participation in ADR at the CBCA is voluntary. CBCA Rule 54 requires the parties
to jointly request ADR and to agree on an ADR method and procedures. The Government
has not agreed to request or participate in ADR. While the CBCA makes ADR available to
the parties as an alternative to litigation and often encourages the parties to resolve disputes
using ADR, the Board will not, and has no authority to, compel the Government to
participate in ADR.
Decision
The motion to compel ADR is DENIED.
Erica S. Beardsley
ERICA S. BEARDSLEY
Board Judge
We concur:
Catherine B. Hyatt Jonathan D. Zischkau
CATHERINE B. HYATT JONATHAN D. ZISCHKAU
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  September 14, 2015
CBCA 4001, 4335, 4541
AFFILIATED WESTERN, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Mark A. Walsh of Saunders, Walsh & Beard, McKinney, TX, counsel for Appellant.
Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SOMERS, Board Judge.
ORDER
Appellant has notified the Board that these matters have been settled and requests
their dismissal with prejudice.
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITHOUT PREJUDICE: April 10, 2019
CBCA 6410
MICHAEL BAKER GLOBAL SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Kara L. Daniels and Sonia Tabriz of Arnold & Porter Kaye Scholer LLP, Washington,
DC, counsel for Appellant.
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On March 27, 2019, the parties filed a joint motion to dismiss the above-captioned
appeal without prejudice because the contracting officer rescinded the Government’s claim
against appellant, which was the subject of this appeal. Pursuant to CBCA Rule 12, this
appeal is DISMISSED WITHOUT PREJUDICE.
Kathleen J. O’Rourke
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE:  May 26, 2026
CBCA 8712
SUMMIT EXERCISES AND TRAINING LLC,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Nicholas T. Solosky of Spencer Fane LLP, Washington, DC, counsel for Appellant.
John C. Dohn II, Office of the General Counsel, Department of Homeland Security,
Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On May 20, 2026, appellant filed a notice of voluntary dismissal, requesting that the
Board dismiss this appeal with prejudice, pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2)
(published in eCFR)).  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  March 26, 2018
CBCA 5054
MAGNUM, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Lane F. Kelman and Michael A. Richard of Cohen Seglias Pallas Greenhall &
Furman, P.C., Philadelphia, PA, counsel for Appellant.
Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have filed a joint stipulation in which they informed the Board that a
settlement agreement had been executed.  The parties requested dismissal of this appeal with
prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: July 9, 2018
CBCA 5900
DYNCORP INTERNATIONAL LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Gregory S. Jacobs of Polsinelli PC, Washington, DC, counsel for Appellant.
John W. Cox, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of the parties’ joint request for dismissal due to settlement,
filed on July 9, 2018, in the above-referenced case.  
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE. 
Marian E. Sullivan 
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  September 28, 2012
CBCA 2784
LARAMIE LANDSCULPTING,
Appellant,
v.
DEPARTMENT OF AGRICULTURE ,
Respondent.
Joel G. A. Fontè of Laramie Landsculpting, Laramie, WY, appearing for Appellant.
Daniel B. Rosenbluth, Office of the General Counsel,  Department of Agriculture,
Golden, CO, counsel for Respondent.
ZISCHKAU , Board Judge.
ORDER
On September 27, 2012, the parties filed a joint stipulation of settlement with a
request for dismisal of the captioned appeal, CBCA 2784.  Accordingly, the appeal is hereby
DISMISSED WITH PREJUDICE .
________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: January 8, 2013
CBCA 1837
NEST ENERGY SYSTEMS, INC.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Terrence M. O’Connor of Berenzweig Leonard, LLP,  McLean, Virginia, appearing
for Appellant.
Seth M. Bogin and William Robinson, Federal Bureau of Prisons, Department of
Justice, Washington DC, counsel for Respondent.
STERN, Board Judge.
ORDER
Subsequent to the docketing of this appeal, the parties, through negotiations, resolved
all issues before the Board.  The parties have filed a joint motion to dismiss with prejudice.
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
___________________________________
JAMES L. STERN
Board Judge
GRANTED IN PART: September 30, 2014
CBCA 337, 338, 339, 978, 2318
THE BOEING COMPANY, SUCCESSOR-IN-INTEREST
OF ROCKWELL INTERNATIONAL CORPORATION,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Michael T. Kavanaugh and James J. Gallagher of McKenna Long & Aldridge LLP,
Los Angeles, CA; and S. Jean Kim of Chadbourne & Parke LLP, Los Angeles, CA, counsel
for Appellant.
Brady L. Jones, III, and Kaniah W. Konkoly-Thege, Office of Legal Services,
Department of Energy, Cincinnati, OH, counsel for Respondent.
Before Board Judges DANIELS (Chairman), STERN, and McCANN.
McCANN, Board Judge.
On September 30, 2014, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2013)),
the parties submitted a joint motion for a stipulated award in the amount of $4,500,000 and
a settlement agreement which states in relevant part:

CBCA 337, 338, 339, 978, 2318 2
The Boeing Corporation, Successor-In Interest of the Rockwell International
Corporation (“Rockwell”), on behalf of its members, shareholders,
predecessors, successors, assigns, receivers, employees, agents, parent
corporations or entities, subsidiary corporations or entities and related
corporations or entities (hereinafter “Rockwell”); and the Department of
Energy (“DOE”) agree as follows to resolve all matters arising out of or in any
way relating to the lawsuit styled: The Appeals Of The Boeing Company,
Successor-In-Interest Of Rockwell International Corporation, CBCA Nos. 337,
338, 339, 978 and 2318.  
1. The Department of Energy agrees to pay Rockwell a lump sum
payment in the amount of $4.5 million, subject to the availability of funds. 
This amount constitutes complete satisfaction for the claims asserted in CBCA
Nos. 337, 338, 339, 978 and 2318.  Payment will be made by electronic funds
transferred to the account of Rockwell (specific bank account information to
be provided by counsel for Rockwell prior to payment).
The parties certify that they will not seek reconsideration of, or relief from, the
Board’s decision, and neither party will appeal the Board’s decision.
Decision
The Board GRANTS the appeals IN PART.  In accordance with the parties’ motion
for stipulated award, the appellant is awarded a total of $4,500,000.  Payment shall be made
from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012). 
                                                     
R. ANTHONY McCANN
Board Judge
We concur:
______________________________ ___________________________
STEPHEN M. DANIELS JAMES L. STERN
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  July 17, 2017
CBCA 5329, 5330
HENSEL PHELPS CONSTRUCTION CO.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Edward J. Kinberg of Widerman Malek, PL, Melbourne, FL, counsel for Appellant.
Jay Bernstein and Joseph W. Cooch, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
On July 13, 2018, appellant, Hensel Phelps Construction Co. (Hensel Phelps), filed
a motion requesting that the Board dismiss these consolidated appeals, indicating that the
parties have settled the disputes underlying the appeals.  Appellant’s request is granted. 
These appeals are DISMISSED WITH PREJUDICE.
 Harold D. Lester, Jr. 
HAROLD D. LESTER, JR.
Board Judge
GRANTED IN PART: June 24, 2021
CBCA 6328, 6975
ROBERT F. HYLAND & SONS, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Hank W. Askins, III, Office of General Counsel, Department of Veterans Affairs,
Charleston, SC; and David G. Fagan, Office of General Counsel, Department of Veterans
Affairs, Portland, OR, counsel for Respondent.
Before Board Judges RUSSELL, SHERIDAN, and SULLIVAN.
RUSSELL, Board Judge.
On June 17, 2021, the parties filed a joint motion for judgment on a stipulated
settlement pursuant to which they move the Board for judgment in favor of appellant, Robert
F. Hyland & Sons, LLC (Hyland), in the amount of nine hundred thousand dollars
($900,000), to be paid from the judgment fund, 31 U.S.C. § 1304 (2018).  Pursuant to the
parties’ settlement agreement, Hyland waives any further right it may have to claim for
recovery of interest or for attorney fees, costs, and expenses it may have incurred in
conjunction with the above-captioned appeals.  Further, consistent with Rule 25(b) (48 CFR
6101.25(b) (2020)), the parties, in their motion, state that neither will seek reconsideration
of or relief from the Board’s decisions under Rule 26 and 27, and neither will appeal the
Board’s decision.


CBCA 6328, 6975 2
Decision
Pursuant to the parties’ joint motion, the Board GRANTS the appeal IN PART. 
Appellant is awarded a total of $900,000.  Payment may be made from the judgment fund,
31 U.S.C. § 1304.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
We concur:
  Patricia J. Sheridan          Marian E. Sullivan        
PATRICIA J. SHERIDAN MARIAN E. SULLIVAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: December 16, 2014
CBCA 3735
SBBI, INC.,
Appellant,
v.
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
Respondent.
John T. Flynn of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, GA,
counsel for Appellant.
Matthew A. Myers, Sr., and Rebecca Ann Rizzuti, Office of the Legal Advisor,
United States Section, International Boundary and Water Commission, United States and
Mexico, El Paso, TX, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have filed a joint request for dismissal of this appeal with prejudice, with
their agreement that “appellant’s claim for overplanned quantities which was part of this
appeal and CBCA 3559 survives in CBCA 3559 and is not dismissed by this agreement.” 
Accordingly, this appeal is DISMISSED WITH PREJUDICE, with appellant’s
claim for overplanned quantities surviving to be resolved in CBCA 3559.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  April 27, 2010 
CBCA 1698 
DAYLIGHT TREE SERVICE & EQUIPMENT, LLC, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Darin P. Wright, San Diego, CA, counsel for Appellant. 
Jeff Moulton and Marissa J. Suarez, Office of the General Counsel, Department of 
Agriculture, San Francisco, CA, counsel for Respondent. 
DRUMMOND , Board Judge. 
ORDER 
Appellant reports that the parties in this matter have settled their dispute and stipulate 
to an order dismissing this appeal with prejudice and without fees and costs to either party. 
Pursuant to the agreement of the parties, therefore, this appeal is DISMISSED WITH 
PREJUDICE . 
JEROME M. DRUMMOND 
Board Judge
DISMISSED: August 17, 2009 
CBCA 1633 
KNIGHT CONSTRUCTION, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Bryan P. Cogswell of The Koch Law Firm, P.C., Bloomington, IN, counsel for 
Appellant. 
Conrado M. Almario, Office of the General Counsel, Department of Agriculture, 
Milwaukee, WI, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
Knight Construction filed an unopposed motion to dismiss its appeal of a Department 
of Agriculture contracting officer’s decision denying a claim for $122,837.95 under a 
contract for the purchase of timber from the Hoosier National Forest, Indiana. 

_________________________ 
2 CBCA 1633
 
The motion is granted.  The appeal is DISMISSED .
 
STEPHEN M. DANIELS 
Board Judge