CBCA 5328

GRANTED IN PART: December 14, 2016 CBCA 5328 PV OLD TOWN DELAWARE, LLC, Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Christopher R. Sillari and Jeffrey B. Baird of Finch, Thornton & Baird, LLP, San Diego, CA, counsel for Appellant. David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent. Before Board Judges VERGILIO, GOODMAN, and KULLBERG. KULLBERG, Board Judge. On December 7, 2016, the parties submitted to the Board executed copies of a joint motion for judgment on stipulated settlement. The parties requested that the Board enter judgment in the amount of $242,941, 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. Additionally, the parties have stipulated, in accordance with the Contract Disputes Act CBCA 5328 2 (CDA), 41 U.S.C. §§ 7101-7109 (2012), that interest on the amount of $242,941 will begin to accrue on January 5, 2017, if payment is not made by that date. Decision The Board GRANTS IN PART the appeal. In accordance with the parties’ joint motion, the Board awards appellant, PV Old Town Delaware, LLC, the stipulated settlement amount of $242,941, together with any CDA interest that may accrue on that amount, if payment is not received by January 5, 2017. Rule 25(b). ______________________ H. CHUCK KULLBERG Board Judge We concur: _______________________ _______________________ JOSEPH A. VERGILIO ALLAN H. GOODMAN Board Judge Board Judge