GRANTED IN PART:  February 28, 2018
CBCA 2919, 2920, 2938, 3236, 3615, 4800, 4813, 5004
THE WHITING-TURNER CONTRACTING COMPANY,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Andrew W. Stephenson and Gregory H. Koger of Holland & Knight, LLP,
Washington, DC, counsel for Appellant.
Stacey North-Willis and Eyvonne Alston, Office of General Counsel, Department
of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS (Chair), DRUMMOND, and KULLBERG.
SOMERS, Board Judge.  
On June 29, 2010, respondent, the Department of Veterans Affairs (VA), awarded
a contract to The Whiting-Turner Contracting Company (Whiting-Turner).  Whiting-
Turner submitted a certified claim to the VA on March 25, 2013.  Appellant thereafter
appealed the final decision of October 31, 2013.  That appeal is docketed as CBCA  3615
and subsequently consolidated with other appeals under the contract.  
The parties elected to use alternative dispute resolution procedures (ADR) to
attempt to resolve this dispute.  As a result of mediation, the parties negotiated a partial
stipulated settlement of CBCA 3615 and entered into a separate settlement agreement
that details the terms of the partial settlement of the appeal.   


CBCA 2919, 2920, 2938, 3236, 3615, 4800, 4813, 5004 2
On January 12, 2018, Whiting-Turner and the VA submitted to the Board a joint
motion for partial judgment on stipulated settlement. Pursuant to the negotiated partial
settlement of the appeal, the parties have settled Whiting-Turner’s claim for extended
general conditions and overhead costs extending from May 20, 2012, through August 11,
2017.  
In addition to the extended general conditions and overhead costs actually
incurred by Whiting-Turner, the partial settlement includes the settlement of the claims
for extended general conditions and overhead costs through August 11, 2017, by the
following Whiting-Turner subcontractors through August 11, 2017: (a) Lockheed
Martin; (b) Radec Corp.; (c) Fingerlakes Construction Company; (d) Monroe Piping &
Sheet Metal, LLC; and (e) Pooler Enterprises.  The parties have agreed that Whiting-
Turner and its subcontractors have reserved any potential claims for extended general
conditions and overhead costs relating to any alleged compensable delays extending from
August 12, 2017, through final completion of the project (or any portion thereof).  
In the event that Whiting-Turner intends to pursue any claim for extended general
conditions and overhead costs for alleged delays that took place from August 12, 2017,
through final completion of the project, Whiting-Turner shall file an amended complaint
in the appeal addressing the partial settlement and detailing the additional claimed costs. 
The parties have further agreed that the partial settlement of the appeal (a) does not settle
any other appeals pending before the CBCA; (b) does not settle any existing or potential
claims by Whiting-Turner seeking any direct costs (e.g., labor and materials); (c) does
not settle the extended performance costs claimed by Whiting-Turner subcontractors
Mohlin & Company and RMF Mechanical; and (d) does not settle any direct cost claims
initiated by Lockheed Martin. 
In their motion for partial judgment, the parties agree that they will not seek
reconsideration or relief from the Board’s decision awarding judgment and that they will
not appeal the Board’s decision.  

CBCA 2919, 2920, 2938, 3236, 3615, 4800, 4813, 5004 3
Decision
  
The appeal in CBCA 3615 is GRANTED IN PART.  In accordance with the
parties’ joint motion, the Board awards appellant, Whiting-Turner, the stipulated
settlement amount of five million three hundred thousand dollars ($5,300,000), plus
interest as permitted by the Contract Disputes Act, 41 U.S.C. § 7109 (2012), through the
date of payment, with payment to be made through the judgment fund in accordance with
31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108.  As set forth in the settlement agreement,
the parties have agreed that if the partial settlement is not received by Whiting-Turner on
or before January 31, 2018, CDA interest will continue to accrue pending the issuance of
the partial settlement payment to Whiting-Turner.  
____________________________
JERI KAYLENE SOMERS
Board Judge
We concur: 
_____________________________ _____________________________
JEROME M. DRUMMOND H. CHUCK KULLBERG
Board Judge Board Judge