GRANTED IN PART:  October 4, 2007 
CBCA 670, 713 
FLUOR INTERCONTINENTAL, INC., 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
Robert M. Fitzgerald and Louis B. Antonacci of Watt, Tieder, Hoffar & Fitzgerald, 
L.L.P., McLean, VA, counsel for Appellant. 
Dennis J. Gallagher and John C. Sawyer, Office of the Legal Adviser, Buildings and 
Acquisition, Department of State, Arlington, VA, counsel for Respondent. 
Before Board Judges FENNESSY , HYATT , and GOODMAN . 
GOODMAN , Board Judge. 
Fluor Intercontinental, Inc. appealed two decisions of a contracting officer of the 
Department of State arising from its contract for design and construction work to convert the 
former 469th Contingency Hospital into a new United States Consulate for Frankfurt, 
Germany. The first appeal, docketed as CBCA 670, sought payment of $14,873,208 and 
entitlement to a time extension of 112 calendar days (referred to in the parties’ settlement 
agreement as the “Omnibus Claim”).  The second appeal, docketed as CBCA 713, sought 
remission of the respondent’s assessment of liquidated damages.  The appeals were 
consolidated by order of the Board. 

 
 
  
  
 
  
  
 
 
 
  
       
       
 
    
  
   
   
  
2CBCA 670, 713 
On September 28, 2007, the parties filed a joint motion for stipulated judgment with 
a settlement agreement that stated in part: 
The Government agrees to pay [appellant] the principal sum of FOUR 
MILLION, TWO HUNDRED THOUSAND DOLLARS ($4,200,000.00), in 
full satisfaction of the Omnibus Claim, except as provided in paragraph 3.c of 
this Settlement Agreement, from the United States Department of the 
Treasury’s Judgment Fund (hereinafter the “Judgment Fund”).  To effect this 
payment, [appellant] and the Department of State agree to move jointly to have 
the Civilian Board of Contract Appeals . . . enter Judgment in favor of 
[appellant] and against the Department of State in the amount of FOUR 
MILLION, TWO HUNDRED THOUSAND DOLLARS ($4,200,000.00) and 
Order that payment is to be made from the Judgment Fund in full satisfaction 
of the Omnibus Claim filed before the CBCA, CBCA 670.  Upon receipt of the 
Judgment and Order from the CBCA the Department of State Agrees to apply 
to Judgment Fund [sic] for payment of FOUR MILLION, TWO HUNDRED 
THOUSAND DOLLARS  ($4,200,000.00) in favor of [appellant].  If 
[appellant] does not receive from the Government such sum within ninety (90) 
days of the last date of signature on this agreement, in addition to the principal 
sum, the government shall pay to [appellant] Contract Disputes Act interest on 
stsuch amount, accruing from the ninety-first (91 ) day after the last date of
signature on this agreement.
[1] 
Pursuant to the settlement agreement, the respondent also waived entitlement to 
liquidated damages which were the subject of CBCA 713. 
In their joint motion for stipulated judgment, the parties agree that they will not seek 
reconsideration of or relief from this Board’s decision awarding judgment and that they will 
not appeal the Board’s decision. 
1   The parties’ joint motion for entry of judgment requests that the Board’s decision 
expressly incorporate all the terms of the settlement agreement.  The settlement agreement 
contains provisions with regard to matters not included in these appeals, and payment of 
sums not included in the amount awarded by this decision.  We do not incorporate those 
provisions into this decision.  Additionally, paragraph 18 of the settlement agreement states 
in part:  “Any controversies or legal problems arising out of this Agreement and any action 
involving the enforcement or interpretation of any rights hereunder shall be submitted to the 
jurisdiction of the CBCA.”  The Board makes no determination as to whether its jurisdiction 
includes the resolution of disputes arising under the settlement agreement. 

     
    
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3 CBCA 670, 713 
Decision 
Accordingly, these appeals are GRANTED IN PART .  In accordance with the 
settlement agreement, the Board awards the sum of $4,200,000 plus interest in accordance 
with the Contract Disputes Act, accruing as stated in the settlement agreement if payment is 
not made as specified in the settlement agreement, to be paid from the permanent indefinite 
judgment fund.  31 U.S.C. § 1304 (2000). 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
EILEEN P. FENNESSY CATHERINE B. HYATT 
Board Judge Board Judge