CBCA 5978

GRANTED IN PART: March 3, 2020 CBCA 5978 MONUMENT CONSTRUCTION, LLC, Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. John M. Manfredonia of Manfredonia Law Offices, LLC, Cresskill, NJ; and Christopher W. Morog of Hinckley Allen LLP, Boston, MA, counsel for Appellant. Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs, Pittsburgh, PA; and Donald C. Mobly, Office of Regional Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent. Before Board Judges SOMERS (Chair), HYATT, and O’ROURKE. HYATT, Board Judge. On February 27, 2020, the parties submitted to the Board a joint motion for a stipulated judgment in the amount of $800,000, inclusive of all costs, fees, and interest. The parties request that the Board enter judgment for this amount in the appeal. The settlement agreement further provides that if payment of the judgment amount has not been paid by March 27, 2020, interest pursuant to the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101- 7109 (2012), will begin and continue to accrue until payment is made. Such interest shall be payable to Monument Construction, LLC along with payment of the settlement amount. CBCA 5978 2 Finally, the parties have confirmed they will not seek reconsideration of, or relief from, the Board’s decision and they will not appeal the decision. Decision Accordingly, the appeal is GRANTED IN PART. The Department of Veterans Affairs shall pay $800,000 to appellant in full settlement of CBCA 5978. If the amount is not paid by March 27, 2020, CDA interest on this amount shall accrue until such time as appellant is paid. This payment shall be made in accordance with 41 U.S.C. § 7108 and may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. Catherine B. Hyatt CATHERINE B. HYATT Board Judge We concur: Jeri Kaylene Somers Kathleen J. O’Rourke JERI K. SOMERS KATHLEEN J. O’ROURKE Board Judge Board Judge