GRANTED IN PART: January 30, 2018
CBCA 5449
RICHTER DEVELOPMENTS, LTD.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
John M. Neary and Stephen B. Hurlbut of Akerman LLP, Washington, DC, counsel
for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges SHERIDAN, KULLBERG, and LESTER.
SHERIDAN, Board Judge.
On March 29, 2016, appellant, Richter Developments, Ltd. (Richter) brought a claim
against respondent, General Services Administration (GSA), regarding amounts due under
lease GS-04P-LFL62198.  Appellant thereafter appealed the final decision of July 28, 2016. 
The matter was docketed at the Civilian Board of Contract Appeals as CBCA 5449.
On January 29, 2018, Richter and GSA submitted a joint stipulation for entry of
judgment in favor of Richter.  The joint stipulation, which the Board by this order of
judgment adopts, provides:
1.  In full and final resolution of all elements of Richter’s certified claim for
“reimbursement of delay costs and GSA-directed changes” that is detailed in


CBCA 5449 2
Exhibit A of Richter’s Schedule of Costs, dated June 21, 2017 (the “SOC”),
the parties agree that GSA will pay Richter the lump sum amount of $85,680,
plus CDA [Contract Disputes Act] interest at the rate established by the
Secretary of the Treasury, commencing on March 29, 2016.
2.  In full and final resolution of all elements of Richter’s certified claim for
“equitable adjustment in operating expense rent” that is detailed in Exhibit B
of the SOC, the parties agree that: (a) GSA will pay Richter the lump sum
amount of $27,000; (b) commencing on November 1, 2017, the total annual
operating expense rent paid by GSA to Richter will be $60,000; and (c)
commencing on December 1, 2018, the total annual operating expense rent
paid by GSA to Richter will be $66,707.  GSA currently compensates Richter
in the amount of $7,000 per year for janitorial salaries.  However, commencing
on November 1, 2017, GSA will compensate Richter $13,000 per year for
janitorial salaries, which is included in the revised operating expense rent
detailed above.  The parties further agree that relative solely to the $6,000
increased portion of the janitorial salaries (from $7,000 to $13,000) going
forward, if there is a minimum wage increase which affects said janitorial
salaries, GSA will compensate Richter for such amounts. 
3.  In full and final resolution of all elements of Richter’s certified claim for
“equitable adjustment in shell rent” that is detailed in Exhibit C of the SOC,
the parties agree that: (a) GSA will pay Richter the lump sum amount of
$9,300, plus CDA interest at the rate established by the Secretary of the
Treasury, commencing on March 29, 2016; and (b) commencing on
November 1, 2017, the annual shell rent paid by GSA to Richter will increase
by the amount of $5,595.
4.  In full and final resolution of all elements of Richter’s certified claim for
“reimbursement of excess tenant improvement costs” that is detailed in Exhibit
D of the SOC, the parties agree that GSA will pay Richter the lump sum
amount of $449,726, plus CDA interest at the rate established by the Secretary
of the Treasury, commencing on March 29, 2016.
The parties stipulate that, upon entry of the requested final judgment, all
disputes, claims, counterclaims and issues related to CBCA No. 5449 will be
fully and finally resolved, with the exception of Richter’s claim for attorneys’
fees and expenses, which is expressly reserved.  GSA agrees that, upon entry
of the requested final judgment, Richter shall be a prevailing party on all

CBCA 5449 3
claims brought in this appeal for the purposes of Richter’s claim for attorney
fees and expenses under the Equal Access to Justice Act, 5 U. S. C. § 504.
Pursuant to CBCA Rule 31 [48 CFR 6101.31 (2017)], Richter and GSA certify
that they shall not seek review or reconsideration of judgment so rendered,
provided that upon entry of the consent judgment Richter may file an
application for attorney fees and costs pursuant to the Equal Access to Justice
Act.  With respect to the decision of the Board issued pursuant to this motion,
Richter and GSA waive their rights to reconsideration under CBCA Rule 26,
rights to relief from judgment under CBCA Rule 27, and rights to appeal the
decision.
Decision
Accordingly, the appeal is GRANTED IN PART.  By adopting the parties’ joint
stipulated settlement, Richter is to be paid pursuant to the terms of the stipulated settlement,
with interest to accrue on the amounts due pursuant to 41 U.S.C. § 7109 (2012) starting on
March 29, 2016, and continuing until the date of payment.  Payment does not include
attorney fees and expenses, which are expressly reserved under the stipulated settlement.
                                                             
PATRICIA J. SHERIDAN
Board Judge
We concur:
                                                                                                                                           
H. CHUCK KULLBERG HAROLD D. LESTER, JR.
Board Judge Board Judge