Free Stipulation - District Court of Federal Claims - federal

Case 1:08-cv-00015-MBH

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Filed 05/02/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BURCHICK CONSTRUCTION COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant.

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No. 08-15C (Judge Horn)

JOINT STATEMENT OF ISSUES OF LAW

Pursuant to this Court's April 9, 2008 order, the parties jointly and respectfully submit this joint statement of issues of law. The issue of law to be decided by the Court in the parties' forthcoming cross-motions for partial summary judgment is:

1.

Whether contract no. VA786A-C-0021 (the "Contract") requires the defendant,

the United States, to pay plaintiff, Burchick Construction Company, Inc. ("Burchick"), $45 per cubic yard for all extra "rock removal" performed upon the project, or whether the Contract entitles Burchick to an equitable adjustment of the contract price for rock removal performed in excess of the 100 cubic yard estimate provided by the Government in the solicitation.

Case 1:08-cv-00015-MBH

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Filed 05/02/2008

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Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Reginald T. Blades, Jr. REGINALD T. BLADES, JR. Assistant Director s/ D. Matthew Jameson, III DONALD MATTHEW JAMESON, III Babst, Calland, Clements, Zomnir, PC Two Gateway Center 8th Floor Pittsburgh, PA 15222 Tel. (412) 394-5400 Fax. (412) 586.1038 e-mail: [email protected] s/ Devin A. Wolak DEVIN A. WOLAK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L St., N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 616-0170 Fax. (202) 305-7644 e-mail: [email protected] Attorneys for Defendant

Attorney for Plaintiff May 2, 2008

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Case 1:08-cv-00015-MBH

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CERTIFICATE OF FILING I hereby certify that on May 2, 2008, a copy of the foregoing "Joint Statement Of Issues Of Law" 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. Parties may access this filing through the Court's system.

s/ Devin Wolak