CBCA 4539

GRANTED IN PART: March 24, 2017 CBCA 4539, 4545 GRUNLEY CONSTRUCTION CO., INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Lawrence M. Prosen and Daniel P. Broderick of Kilpatrick Townsend & Stockton LLP, Washington, DC, counsel for Appellant. Jay N. Bernstein and Kristi Singleton, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), ZISCHKAU, and O’ROURKE. DANIELS, Board Judge. Under a contract with the General Services Administration, Grunley Construction Co., Inc. modernized the Mary E. Switzer Building in Washington, D.C. The scope of work included the removal of hazardous material, including asbestos abatement, from the building. Disputes about this aspect of the job led to two claims which were placed before the Board in appeals of deemed denials by a contracting officer. One claim, known as the wage rate claim, was in the amount of $320,964; the appeal involving this claim was docketed as CBCA 4539. The other claim, known as the additional asbestos claim, was in the amount of $2,104,068; the appeal involving this claim was docketed as CBCA 4545. CBCA 4539, 4545 2 The parties have filed a joint motion for entry of final judgment, in which they ask the Board to enter judgment in favor of the appellant in the two appeals, in the amount of $950,000. The parties have stipulated that a decision making such an award will fully and finally resolve all disputes, claims, counterclaims, and issues related to both appeals. The parties have also certified that they will not seek reconsideration or relief from judgment as to such a decision, and they will not appeal the decision. Decision The appeals are GRANTED IN PART. The General Services Administration shall pay to Grunley Construction Co., Inc. $950,000. This amount “shall be paid promptly in accordance with the procedures provided by section 1304 of title 31” of the United States Code. 41 U.S.C. § 7108(a) (2012). _________________________ STEPHEN M. DANIELS Board Judge We concur: _________________________ _________________________ JONATHAN D. ZISCHKAU KATHLEEN J. O’ROURKE Board Judge Board Judge