CBCA 4147 DENIED;
CBCA 4148 GRANTED IN PART:
May 19, 2015
WADE PERROW CONSTRUCTION, LLC,
                                                         Appellant,
v.
DEPARTMENT OF COMMERCE,
                                                             Respondent.
John P. Ahlers and Elizabeth Weden Perka of Ahlers & Cressman, PLLC, Seattle,
WA, counsel for Appellant.
Erin Frazee Masini, Lauren K. Didiuk, and Ashley Powers, Office of the General
Counsel, Department of Commerce, Washington, DC, counsel for Respondent.
Before Board Judges SHERIDAN, KULLBERG, and ZISCHKAU. 
SHERIDAN, Board Judge.
Appellant, Wade Perrow Construction, LLC (WPC or Contractor), brought claims
against respondent, Department of Commerce (Commerce or Agency), regarding amounts
due under task order number 10 under contract AB133A-06-CQ-0078 to provide design-
build construction and demolition services in connection with the National Oceanic and
Atmospheric Administration’s (NOAA’s) La Jolla Southwest Fisheries Science Center
campus.  
On December 23, 2013, WPC filed a certified claim seeking $322,375 in replacement
costs for the demolition subcontractor.  The claim was denied by the contracting officer and
timely appealed to the Board, where it was docketed as CBCA 4147.  On June 2, 2014, WPC
filed a certified claim alleging approximately 500 days of government-caused delay.  WPC
sought $226,250.05 in direct costs and $1,808,966.10 in unabsorbed home office overheard
costs for the delay.  The claim was denied by the contracting officer and timely appealed to
the Board, where it was docketed as CBCA 4148.


CBCA 4147, 4148 2
The parties engaged in alternative dispute resolution (ADR) on May 19 and 20, 2015,
with the undersigned serving as the settlement judge.  On May 20, 2015, the parties
submitted a settlement agreement to the undersigned and jointly moved the undersigned to
enter a judgment so that payment could be made from the permanent indefinite judgment
fund,  31 U.S.C. § 1304 (2012).  The Settlement Agreement states in part:
2.  TERMS OF SETTLEMENT.  In full settlement of the Controversies and
the Appeal, Agency shall pay to Contractor the amount of $165,000, which
represents (1) $0 for the demolition subcontractor replacement costs, (2)
$100,000 in unabsorbed home office overheard, and (3) $65,000 in direct costs
caused by the delay.  Should such payment not be issued to Contractor within
60 days of the entry of this Agreement into judgment, simple interest on such
amount shall accrue, beginning on the day after said date through the date
payment is issued to Contractor, at the interest rate(s) published by the United
States Secretary of the Treasury semi-annually for purposes of the Contract
Disputes Act [CDA], 41 U.S.C. § 7109.  Such interest shall be paid to
Contractor along with payment of the aforesaid settlement amount.  
.  .  .  .
13.  PAYMENT.  The $165,000 is to be paid from the United States
Permanent Indefinite Judgment Fund as authorized by 31 U.S.C. § 1304
(2012).  The parties jointly request that the Board enter a judgment pursuant
to 41 U.S.C. §§ 7105(e) and 7108(b) and stipulate to entry of judgment as
follows:
a.  Denying CBCA 4147 in its entirety.
b.  Granting CBCA 4148 in the amount of $165,000 of
principal, to include $100,000 in unabsorbed home office
overheard, and $65,000 in direct costs.
c.  Granting interest, pursuant to the CDA, upon $165,000
from 60 days after the entry of this Agreement into
judgment through the date appellant receives payment
from the Judgment Fund.  

CBCA 4147, 4148 3
Decision
Accordingly, CBCA 4147 is DENIED.  CBCA 4148 is GRANTED IN PART.  In
accordance with the parties’ settlement agreement, the Board awards the sum of $165,000
in CBCA 4148.  The $165,000 is to be paid, with interest starting sixty days after entry of this
judgment and continuing until the date of payment, from the permanent indefinite judgment
fund.  31 U.S.C. § 1304 (2012).
                                                             
PATRICIA J. SHERIDAN
Board Judge
We concur:
                                                                                                                          
H. CHUCK KULLBERG JONATHAN D. ZISCHKAU
Board Judge Board Judge