CBCA 5562
Board: CBCA
Agency: Department of Veterans Affairs
Appellant: Adira Construction, Inc.
Date: 2017-11-07
Outcome: granted
GRANTED IN PART: November 7, 2017
CBCA 5562
ADIRA CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jack Rephan of Pender & Coward, P.C., Virginia Beach, VA, counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
Before Board Judges SHERIDAN, KULLBERG, and LESTER.
KULLBERG, Board Judge.
On October 31, 2017, the parties submitted to the Board a joint motion for judgment
on stipulated settlement. The parties requested that the Board enter judgment in the amount
of $81,000, with payment to be made through the judgment fund in accordance with
31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108. See Rule 25(b) (48 CFR 6101.25(b)
(2016)). The parties have agreed that they will not seek appeal of, reconsideration of, or
relief from the Board’s decision, and that each party will be responsible for its costs, attorney
fees, and expenses incurred in the litigation of this appeal. Additionally, the parties have
stipulated, in accordance with the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109,
CBCA 5562 2
that interest on the amount of $81,000 will begin to accrue on the thirty-first day after the
date of this decision if payment has not been received.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ joint
motion, the Board awards appellant, Adira Construction, Inc., the stipulated settlement
amount of $81,000, with CDA interest beginning to accrue on that amount on the thirty-first
day after the date of this decision if payment is not received by that date. Rule 25(b).
______________________
H. CHUCK KULLBERG
Board Judge
We concur:
_______________________ _______________________
PATRICIA J. SHERIDAN HAROLD D. LESTER, JR.
Board Judge Board Judge