CBCA 5629

GRANTED IN PART: February 15, 2017 CBCA 5629 HATHAWAY DINWIDDIE CONSTRUCTION CO., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Philip E. Fagone, Belmont, CA, counsel for Appellant. Jay Bernstein, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges VERGILIO, KULLBERG, and SULLIVAN. KULLBERG, Board Judge. On February 10, 2017, the parties submitted to the Board a joint motion for judgment on a stipulated settlement. The parties requested that the Board enter judgment in the amount of $4,600,000, with payment to be made through the judgment fund in accordance with 31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108. Rule 25(b) (48 CFR 6101.25(b) (2015)). 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. CBCA 5629 2 Decision The Board GRANTS IN PART the appeal. In accordance with the parties’ joint motion, the Board awards appellant the stipulated settlement amount of $4,600,000. Rule 25(b). ______________________ H. CHUCK KULLBERG Board Judge We concur: _______________________ _______________________ JOSEPH A. VERGILIO MARIAN E. SULLIVAN Board Judge Board Judge