GRANTED IN PART: June 6, 2008 
CBCA 1185 
STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Phillip G. Alber of Alber Crafton, PSC, Troy, MI, counsel for Appellant. 
Charlma J. Quarles, Office of the General Counsel, Department of Veterans Affairs, 
Washington, DC, counsel for Respondent.
 
Before Board Judges DANIELS  (Chairman), SOMERS , and KULLBERG.
 
DANIELS , Board Judge.
 
The Department of Veterans Affairs (VA) terminated for default a contract under 
which Edge Construction Company (Edge) was to perform the work necessary for Gravesite 
Development Phase 1 at the Great Lakes National Cemetery in Holly, Michigan.  Edge’s 
surety, State Automobile Mutual Insurance Company (State Auto), assumed responsibility 
for completion of the project pursuant to a “Tender Agreement with Release” which was 
signed by the VA, State Auto, and State Auto’s completion contractor. 
One paragraph of the tender agreement with release contains the following provision: 

  
    
 
     
 
 
  
 
   
  
 
 
 
 
 
 
  
 
2 CBCA 1185 
[The VA] and [State Auto] acknowledge and agree that the Unpaid Contract 
Balance includes Retainage in the amount of $374,583.00 . . . .   [The VA] and 
[State Auto] further acknowledge and agree the Retainage is subject to the 
claims by [the VA] for Incidental Expenses in the amount of $145,855.17, 
incurred by [the VA] as a result of the termination for default of [Edge].  If 
[State Auto] objects to all or part of the Incidental Expenses it will attempt to 
reach a resolution regarding its objection with the [VA]. If [State Auto] and 
the [VA] are unable to reach a resolution regarding [the VA’s -- sic] objection, 
[State Auto] and the [VA] will utilize . . . ADR [alternative dispute resolution] 
procedures . . . .  If ADR is unsuccessful, [State Auto] will have the right to 
submit a claim in accordance with Clause 52.233-1 Disputes. 
State Auto objected to the VA’s claims for incidental expenses.  The parties engaged 
in an ADR session conducted by a judge of this Board as to this matter.  As agreed in that 
session, State Auto then submitted to a VA contracting officer a claim for the amount of 
retained funds to which it believed it was entitled ($116,337.83), the contracting officer 
denied the claim, State Auto appealed his decision, and the parties filed a joint motion for a 
stipulated judgment on the appeal.  In the motion, the parties “stipulate to an award in the 
amount of $70,400 and move the Board for entry of Judgment in favor of [State Auto] for 
$70,400 and containing or incorporating all terms and conditions of the Settlement 
Agreement.”  This decision incorporates by reference the terms and conditions of the 
agreement, one of which is that the sum of $70,400 is “full and complete compensation for 
all costs, direct and indirect, including but not limited to any attorney’s fees associated with 
any and all facts, issues, or matters underlying, associated with, or in any way related to 
CBCA No. 1185.”  In the motion, the parties also state that they will not seek reconsideration 
of, or relief from, a Board decision which makes the stipulated award, and that they will not 
appeal such a decision.
1 
1 The parties additionally request that the decision “state that the Board retains 
jurisdiction to enforce the Settlement Agreement.” We deny this request.  Whether the Board 
has jurisdiction to enforce a settlement agreement is a question of law, not a matter as to 
which parties or the Board may stipulate. The Board makes no determination as to whether 
its jurisdiction includes the resolution of disputes which may arise under the settlement 
agreement.  GHR Fire Management Services v. Department of Agriculture , CBCA 1078 
(Apr. 29, 2008); Fluor Intercontinental, Inc. v. Department of State , CBCA 670, et al., 07-2 
BCA ¶ 33,691. 

  
 
3 CBCA 1185 
Decision 
The appeal is GRANTED IN PART . The Department of Veterans Affairs shall pay 
to State Automobile Mutual Insurance Company the sum of $70,400.  Rule 25(b).  This 
payment shall be made from the permanent indefinite judgment fund.  31 U.S.C. § 1304 
(2000). 
_________________________ 
STEPHEN M. DANIELS 
Board Judge 
We concur: 
_________________________ _________________________ 
JERI KAYLENE SOMERS H. CHUCK KULLBERG 
Board Judge Board Judge