CBCA 4599

GRANTED IN PART: September 3, 2015 CBCA 4599 MCCARTHY BUILDING COMPANIES, INC., Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Eric L. Nelson and Harry Z. Rippeon III of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for Appellant. Beth K. Chesney and Charlma Quarles, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. Before Board Judges SOMERS, STERN, and ZISCHKAU. ZISCHKAU, Board Judge. On August 19, 2015, the parties submitted a joint request for stipulated decision, advising that the parties had entered into a settlement agreement for the captioned appeal, and requesting a stipulated award in favor of appellant in the amount of $398,433 for increased costs for bond and insurance premiums arising out of additional work performed on the contract as directed by the Department of Veterans Affairs. In settlement, the Government agrees to pay appellant $398,433, such amount to be inclusive of interest, with each party responsible for its own costs, attorney fees, and expenses incurred in this litigation. The parties ask that the Board enter judgment for $398,433 with payment to be made through the permanent indefinite judgment fund. The joint stipulation CBCA 4599 2 of the parties provides that neither party will seek reconsideration of, or relief from the Board’s decision, and neither party will appeal the Board’s decision. Decision The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulated settlement, the Board awards appellant $398,433. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. _______________________________ JONATHAN D. ZISCHKAU Board Judge We concur: ____________________________ _______________________________ JERI K. SOMERS JAMES L. STERN Board Judge Board Judge