CBCA 6460
Board: CBCA
Agency: Department of Veterans Affairs
Appellant: Athena Construction Group, Inc.
Date: 2020-10-08
Outcome: granted
GRANTED IN PART: October 8, 2020
CBCA 6460
ATHENA CONSTRUCTION GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Milton C. Johns and Jill F. Helwig of Executive Law Partners, PLLC, Fairfax, VA,
counsel for Appellant.
Harold W. Askins III, Office of General Counsel, Department of Veterans Affairs,
Charleston, SC; and David G. Fagan, Office of General Counsel, Department of Veterans
Affairs, Portland, OR, counsel for Respondent.
Before Board Judges SOMERS (Chair), BEARDSLEY, and OâROURKE.
OâROURKE, Board Judge.
On September 23, 2020, the parties jointly moved for entry of a stipulated judgment
for the above-captioned appeal, in the amount of $19,000 (settlement amount), to be paid to
appellant, Athena Construction, Inc. (Athena), through the permanent indefinite judgment
fund in accordance with 31 U.S.C. § 1304 (2018). See 48 CFR 6101.25(b) (2019).
Although the Board previously consolidated this appeal with CBCA 6723, this judgment
only pertains to CBCA 6460.
CBCA 6460 2
In their joint motion, the parties stated that the settlement amount is inclusive of all
costs, attorney fees, and interest claimed by Athena, and that Athena waives any further right
it may have to claim for recovery of any interest, attorney fees, costs, or expenses it may
have incurred in conjunction with this appeal. The parties also stated that they will not seek
reconsideration of, or relief from the Boardâs decision, and they will not appeal the decision.
Decision
The Board GRANTS IN PART the appeal. Athena shall be paid $19,000 inclusive
of all costs, fees, and interest.
Kathleen J. OâRourke
KATHLEEN J. OâROURKE
Board Judge
We concur:
_Jeri Kaylene Somers Erica S. Beardsley
JERI KAYLENE SOMERS ERICA S. BEARDSLEY
Board Judge Board Judge