CBCA 6460

Board: CBCA Agency: Department of Veterans Affairs Appellant: Athena Construction Group, Inc. Date: 2020-10-08 Outcome: granted
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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 O’ROURKE. O’ROURKE, 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 Board’s 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. O’Rourke KATHLEEN J. O’ROURKE Board Judge We concur: _Jeri Kaylene Somers Erica S. Beardsley JERI KAYLENE SOMERS ERICA S. BEARDSLEY Board Judge Board Judge