CBCA 3300

GRANTED IN PART: June 16, 2015 CBCA 3300, 3354, 3538 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 were: CBCA 3300, 3354, 3538 2 – Claim 1, for damages the contractor and its subcontractors allegedly incurred as a result of delays caused by the VA. This claim is for 284 days of actual delay, plus future delay, and associated costs in the amount of $33,555,347. – Claim 2, for damages the contractor and its subcontractors allegedly incurred as a result of a suspension of work directed by the VA. This claim is for eighty-five days of compensable delay and associated costs in the amount of $5,046,738. – Claim 3, for damages the contractor and its subcontractors allegedly incurred as a result of delay caused by the VA. This claim is for sixty-two days of compensable delay and associated costs in the amount of $10,170,866. The VA contracting officer denied claim 1. B&G appealed the decision, and the Board docketed the appeal as CBCA 3300. The VA contracting officer granted claim 2 in part, finding that the contractor was entitled to compensation for fifty-six days of delay. B&G appealed the decision, and the Board docketed the appeal as CBCA 3354. The VA contracting officer denied claim 3. B&G appealed the decision, and the Board docketed the appeal as CBCA 3538. 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 the following: – in CBCA 3300, $30,237,408, plus interest calculated pursuant to the Contract Disputes Act, 41 U.S.C. § 7109 (2012) (CDA), from October 4, 2012, until the date of payment; and an extension of the contract completion date by 284 calendar days, from October 3, 2012, to July 14, 2013; – in CBCA 3354, $4,657,106, minus $1,687,100 already paid by the VA, for a net amount of $2,970,006, plus interest on the net amount calculated pursuant to the CDA from December 10, 2012, until the date of payment; and an extension of the contract completion date by eighty-five calendar days, from July 14, 2013, to October 7, 2013; and – in CBCA 3538, $7,550,000, plus interest calculated pursuant to the CDA from June 10, 2013, until the date of payment; and an extension of the contract CBCA 3300, 3354, 3538 3 completion date by sixty-two calendar days, from October 7, 2013, to December 8, 2013. 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 amounts and extensions of contract completion date, and that they will not appeal the decision. Decision CBCA 3300, 3354, and 3538 are each GRANTED IN PART. The Department of Veterans Affairs shall pay the following amounts to Brasfield & Gorrie, LLC: in CBCA 3300, $30,237,408, plus interest calculated pursuant to the Contract Disputes Act from October 4, 2012, until the date of payment; in CBCA 3354, $2,970,006, plus interest calculated pursuant to the CDA from December 10, 2012, until the date of payment; and in CBCA 3538, $7,550,000, plus interest calculated pursuant to the CDA from June 10, 2013, until the date of payment.