CBCA 5562

Board: CBCA Agency: Department of Veterans Affairs Appellant: Adira Construction, Inc. Date: 2017-11-07 Outcome: granted
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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