CBCA 3886

GRANTED IN PART: October 15, 2015 CBCA 3886 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. Beth K. Chesney and Charlma Quarles, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. Before Board Judges SOMERS, KULLBERG, and ZISCHKAU. ZISCHKAU, Board Judge. On October 8, 2015, the parties submitted a joint request for stipulated decision, advising that the parties had entered into a settlement agreement for the captioned appeal, and requesting a stipulated award in favor of appellant in the amount of $875,000, plus Contract Disputes Act (CDA) interest from March 5, 2014, until the date of payment, for increased costs for winterization changes and impacts resulting from directives issued by the Department of Veterans Affairs. This payment is to be made through the permanent indefinite judgment fund, such amount to constitute complete compensation for the appellant and its subcontractors for any and all damages and costs, direct and indirect, due to the winterization changes and impacts as alleged in the captioned appeal. The parties stipulate that neither party will seek reconsideration of, or relief from the Board’s decision, and neither party will appeal the Board’s decision. CBCA 3886 2 Decision The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulated settlement, the Board awards appellant $875,000, plus CDA interest (see 41 U.S.C. § 7109(b) (2012)) from March 5, 2014, until the date of payment. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. _______________________________ JONATHAN D. ZISCHKAU Board Judge We concur: ____________________________ _______________________________ JERI K. SOMERS H. CHUCK KULLBERG Board Judge Board Judge