October 8, 2010: GRANTED IN PART 
CBCA 420, 450, 451, 1307, 1855 
DICK/MORGANTI, A JOINT VENTURE, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Kerry L. Kester and Joel D. Heusinger of Woods & Aitken, LLP, Lincoln, NE; 
Barbara G. Werther of Howrey LLP, Washington, DC; John W. Ralls of Howrey LLP, San 
Francisco, CA; and Richard T. Bowles and Kenneth G. Jones of Bowles & Verna LLP, 
Walnut Creek, CA, counsel for Appellant. 
Thomas Y. Hawkins, Jay N. Bernstein, Lesley M. Busch, and Heather R. Cameron, 
Office of General Counsel, General Services Administration, Washington, DC, counsel for 
Respondent. 
Before Board Judges DANIELS (Chairman), BORWICK , and GOODMAN . 
BORWICK , Board Judge. 
Background 
These appeals involve claims for equitable adjustments arising out of a contract for 
construction of the San Francisco Federal Building under contract no. GS-09-P-02-KTC­
0002. The parties to the contract are Dick/Morganti, a Joint Venture (D/M or appellant), and 
the General Services Administration (GSA or respondent). 

      
            
                
           
             
              
               
     
               
            
           
    
                
              
    
            
               
    
          
            
             
 
            
           
             
            
   
            
        
          
 
2 CBCA 420, 450, 451, 1307, 1855 
Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2009)), the parties have submitted 
a motion, dated September 30, 2010, for entry of a stipulated judgment . The parties stipulate 
to the award of $27,667,001 plus interest, as described below. 
Interest on $26,000,000 shall be paid to appellant at the rates applicable pursuant to 
the Contract Disputes Act, from August 27, 2010 until paid. Interest on $1,667,001, shall 
be paid to appellant at the rates applicable pursuant to the Contract Disputes Act, from April 
25, 2008, until paid. 
Subject to the reservations set forth below, the parties stipulate that upon the entry of 
the requested final judgment, all disputes, claims, counterclaims, and issues will be finally 
resolved relating to CBCA 420, 450, 451, 1307, and 1855. 
The parties reserve the following: 
. (a) GSA’s right to assert future claims for latent defects in the work on the 
project, but only for latent defects which are unknown to the GSA as of the 
date of the Settlement Agreement. 
(b) GSA’s right to assert future claims for any currently existing warranties, 
if any, set forth in the contract. GSA represents that it is not currently aware 
of any such warranty claims. 
(c) D/M’s indemnity obligations, if any, arising from prospective third party 
claims for personal injury or property damage related to the project. GSA 
represents that it is not currently aware of any such personal injury or property 
damage claims. 
(d) GSA’s rights, if any, with respect to work associated with alleged 
deficiencies in the following deficiency reports: DR 824 (Cut Steel and 
Rolling Gate), DR 784 (Core at Stair 8), DR 761 (Freestanding Walls at Levels 
12-18), DR 781R1 (Skewed Anchor Bolts), and DR 620 (Stair 3, Shims & 
Grout at the Plates). 
(e) GSA’s rights arising from the terms of a separate agreement with 
Permasteelisa, a subcontractor of D/M, resolving a dispute concerning 
operation of the project’s actuator/scrim panels (D/M Issue 2407, GSA Credit 
issue C104). 

      
             
       
             
                  
       
       
              
             
             
          
          
      
              
                
              
           
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3 CBCA 420, 450, 451, 1307, 1855 
(f) Claims, damages and remedies arising from the breach of any of the 
obligations, covenants and warranties in the Settlement Agreement. 
The matters reserved are not encompassed in any of the cases currently before the 
Board. If a claim arises with regard to any of these matters and an appeal ensues, that appeal 
will be docketed under a new CBCA number. 
Pursuant to Rule 25(b) of the Board’s Rules of Procedure, appellant and respondent 
certify that they will not seek review or reconsideration of judgment so rendered. With 
respect to the decision of the Board issued pursuant to the motion for stipulated judgment, 
appellant and respondent waive their rights to reconsideration under Rule 26, rights to relief 
from judgment under Rule 27, and rights to appeal the decision. 
Decision 
Pursuant to parties’ motion for stipulated judgment, the Board GRANTS THE 
APPEALS IN PART .  Appellant is awarded $27,667,001, with interest on $26,000,000 to 
be paid to appellant at the rates applicable pursuant to the Contract Disputes Act, from 
August 27, 2010, until paid and interest on $1,667,001, to be paid to appellant at the rates 
applicable pursuant to the Contract Disputes Act, from April 25, 2008, until paid. Payment 
shall be made from the permanent indefinite judgment fund, 31 U.S.C.§ 1304. 
. 
ANTHONY S. BORWICK 
Board Judge 
We concur: 
STEPHEN M. DANIELS ALLAN H. GOODMAN 
Board Judge Board Judge