CBCA 4809

GRANTED IN PART: July 23, 2015 CBCA 4809 BRASFIELD & GORRIE, LLC, Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Laurence Schor, Dennis C. Ehlers, and Robert D. Pratt of Asmar, Schor & McKenna, PLLC, Washington, DC; and Axel Bolvig III, Luke D. Martin, and J. Christopher Selman of Bradley Arant Boult & Cummings, LLP, Birmingham, AL, counsel for Appellant. Stacey North-Willis, Beth Chesney, Benjamin Diliberto, and Charlma Quarles, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), HYATT, and VERGILIO. DANIELS, Board Judge. The Department of Veterans Affairs (VA) and Brasfield & Gorrie, LLC (B&G) entered into a contract for the construction of a hospital and clinic at the VA’s Medical Center in Orlando, Florida. The original contract was in the amount of $276,773,030. In the course of construction, B&G submitted many claims to the VA. Among them was claim 8, for damages the contractor and its subcontractors allegedly incurred during calendar years 2011 through 2013 as a result of the VA’s allegedly “defective design and CBCA 4809 2 specifications, delays to performance, directives to perform extra work and failure to compensate it for the added work and repairs due to VA-responsible causes.” This claim is in the amount of $11,131,766. The VA contracting officer denied the claim. B&G appealed the decision, and the Board docketed the appeal as CBCA 4809. The parties have now filed a joint motion for stipulated judgment pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2014)). In this motion, they ask the Board to award to B&G $6,261,300, plus interest calculated pursuant to the Contract Disputes Act, 41 U.S.C. § 7109 (2012), from May 28, 2015, until the date of payment. The parties state that B&G will not seek attorney fees in conjunction with the prosecution of these appeals. The parties state further that they will not seek reconsideration of, or relief from, a Board decision which awards the stipulated amount, and that they will not appeal the decision. Decision CBCA 4808 is GRANTED IN PART. The Department of Veterans Affairs shall pay to Brasfield & Gorrie, LLC, $6,261,300, plus interest calculated pursuant to the Contract Disputes Act from May 28, 2015, until the date of payment. This payment may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. _________________________ STEPHEN M. DANIELS Board Judge We concur: _________________________ _________________________ CATHERINE B. HYATT JOSEPH A. VERGILIO Board Judge Board Judge