CBCA 4597

GRANTED IN PART: August 16, 2017 CBCA 4597 MCCARTHY BUILDING COMPANIES, INC., Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Eric L. Nelson and Harry Z. Rippeon III of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant. Eyvonne Alston, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. Before Board Judges SOMERS, KULLBERG, and ZISCHKAU. ZISCHKAU, Board Judge. On August 10, 2017, the parties submitted a joint request for a stipulated decision, advising that the parties had entered into a stipulation of settlement for the captioned appeal, and requesting a stipulated award in favor of appellant in the amount of $683,657, plus interest pursuant to the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), from December 22, 2014, until the date of payment. The agency intends to make payment through the permanent indefinite judgment fund, 31 U.S.C. § 1304, such amount to constitute full and complete settlement and satisfaction of all claims and issues arising out of or relating to the contract and the captioned appeal. The parties stipulate that neither party will initiate any proceeding for review, reconsideration, or appeal of the stipulated award in the Board’s decision. CBCA 4597 2 Decision The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulated settlement, the Board awards appellant $683,657, plus CDA interest (see 41 U.S.C. § 7109(b)) from December 22, 2014, until the date of payment. Payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. _______________________________ JONATHAN D. ZISCHKAU Board Judge We concur: ____________________________ _______________________________ JERI KAYLENE SOMERS H. CHUCK KULLBERG Board Judge Board Judge