Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:08-cv-00079-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PARSONS TRANSPORTATION GROUP, INC.,) ) Plaintiff, ) ) v. ) ) ) THE UNITED STATES, ) ) Defendant. )

No. 08-79C (Chief Judge Damich)

DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT Pursuant to Rule 56(h)(1) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully proposes the following findings of uncontroverted fact in support of Defendant's Motion For Summary Judgment Upon Count III. 1. Plaintiff, Parsons Transportation Group, Inc.

("Parsons"), is the successor in interest to Deleuw, Cather Parsons ("DCP"). 2. Complaint ("Compl.") ¶ 1.

On or about October 25, 1979, the Federal Railroad

Administration ("FRA") awarded Contract Number DOT-FR-76048 to DCP to provide services as prime architect-engineer and program manager for the Northeast Corridor Improvement Project ("NECIP"), a program undertaken by FRA pursuant to title 7 of the Railroad Revitalization and Regulatory Reform Act of 1976. 3. Id. ¶ 7.

The NECIP was designed to make improvements to the rail

facilities located on the Northeast Corridor served by the National Railroad Passenger Corporation ("Amtrak"). Id. ¶ 8.

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4.

Pursuant to the contract, DCP performed architectural

engineering services in connection with the construction of renovations and improvements to the South Station and associated structures platforms, track and rail yards in Boston, Massachusetts ("the South Station Project") in coordination with the Massachusetts Bay Transportation Authority ("MBTA"). ¶ 30. 5. On April 25, 1988, the MBTA sued DCP seeking damages as Id.

a result of claims brought by another company, the project's general contractor, arising from an alleged delay to the South Station Project. 6. Id. ¶ 31.

On March 6, 1995, DCP, Parsons's predecessor, signed a Appendix To

release in connection with the MBTA litigation.

Defendant's Motion For Summary Judgment Upon Count III ("App.") 1-4. 7. The release provides: ("DCP") hereby releases and forever discharges the United States . . . of and from any and all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages and any and all claims, demands and liabilities whatsoever of every name and nature, both in law and in equity, whether currently known or unknown, which DCP has or may have that arise from or relate in any way to the design and construction, prior to the date of this Release, of renovations and improvements to the South Station and associated structures, platforms, track and rail yards in Boston, Massachusetts (the "South Station Project"), including, without limitation, matters that 2

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arise from or relate to claims or litigation brought against or involving the United States or any other parties in connection with the South Station Project, including, without limitation, claims or litigation brought by or involving the Massachusetts Bay Transportation Authority. App. 3. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director

s/Mark A. Melnick MARK A. MELNICK Assistant Director

s/Timothy P. McIlmail TIMOTHY P. MCILMAIL Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0342 Facsimile: (202) 514-7965 OF COUNSEL: GARETH W. ROSENAU Senior Attorney Federal Railroad Administration August 7, 2008 Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on August 7, 2008, a copy of the foregoing Defendant's Proposed Findings Of Uncontroverted Fact was filed electronically. I understand that notice of this

filing will be sent to all parties by operation of the Court's electronic filing system. the Court's system. Parties may access this filing through

s/Timothy P. McIlmail