Free Stipulation - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CARPENTER CONTRACTING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-830C (Judge Bush)

JOINT STIPULATION FOR ENTRY OF JUDGMENT For the purpose of disposing of plaintiff's claims, without there being any trial on the merits or adjudication of any issue of fact or law, and without constituting an admission of liability on the part of either party, and for no other purpose, the parties stipulate and agree as follows: 1. Plaintiff Carpenter Contracting, Inc. ("Carpenter") was

awarded Contract no. DACW66-97-C-0052 on September 11, 1997, by the United States Army Corps of Engineers ("COE"), Memphis District, for replacement of a levee and roadway construction and realignment at the Naval Support Activity Center ("NASC") in Millington, Tennessee. Award was made pursuant to the Small Funding for the

Business Competitiveness Demonstration Program. contract was provided by NSAC. administering the contract. 2.

COE was responsible for

On October 11, 1999, Carpenter submitted to the

contracting officer a request for equitable adjustment seeking: (1) $39,963.00, for sub-surface buried debris discovered at the

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project site; (2) $13,438.00, for repairing a safety fence and re-setting stakes; (3) $30,685.00, for additional embankment quantities; (4) $14,890.00, for twice lowering the elevation excavation; (5) $38,234.00 for additional fill material taken from an off-site borrow pit; (6) $33,001.00, for additional aggregate base; (7) $7,018.00, for repair of haul roads; (8) $33,580.00 for release of liquidated damages; and (9) $37,597.00 for extend home office overhead. Carpenter likewise sought an The

extension of the contract completion date of 115 days. contracting officer did not issue a final decision upon Carpenter's claims. 3.

On May 12, 2004, Carpenter filed a complaint in the

United States Court of Federal Claims. 4 Carpenter has offered to settle each and all of its

claims in exchange for payment by the United States of $85,000.00, plus interest pursuant to 41 U.S.C. § 611 commencing from October 11, 1999, with each party to bear its own costs, expenses, and attorney fees. 5. Carpenter's offer has been accepted upon behalf of the

Attorney General. 6. The United States consents to entry of judgment against

the United States in favor of Carpenter as set forth in paragraph 4 above.

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7.

Upon entry of judgment, Carpenter releases, waives, and

abandons all claims identified in paragraph nos. 2 and 3 above, and all other claims against the United States, its political subdivisions, its officers, agents, and employees, arising out of or relating to the contract that is the subject matter of this case, regardless of whether the claims were included in the complaint, including, but not limited to, all claims for costs, expenses, attorney fees, compensatory damages, and exemplary damages. 8. This stipulation is in no way related to or concerned

with income or other taxes for which Carpenter is now liable or may become liable in the future as a result of this stipulation or as a result of entry of a final judgment. 9. Carpenter warrants and represents that no other action

or suit with respect to the claims advanced in this suit is pending or will be filed in or submitted to any other court, administrative agency, or legislative body. Carpenter further

warrants and represents that it has made no assignment or transfer of all or any part of its rights arising out of or relating to the claims advanced in this suit. Should there be

now or in the future any violation of these warranties and representations, any amount paid by the United States pursuant to this stipulation or pursuant to any judgment entered pursuant to this stipulation shall be refunded promptly by Carpenter,

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together with interest thereon at the rates provided in 41 U.S.C. § 611, computed from the date the United States makes such payment. 10. This stipulation is for the purposes of settling all

claims currently pending in this Court, permitting entry of final judgment, and for no other purpose. Accordingly, this

stipulation shall not bind the parties, nor shall it be cited or otherwise referred to, in any proceedings, whether judicial or administrative in nature, in which the parties or counsel for the parties have or may acquire an interest, except as is necessary to effect the terms of this stipulation. 11. James W. Copeland, Currie & Hancock LLP, represents

that he has been and is authorized to enter into this stipulation upon behalf of Carpenter. 12. This document constitutes a complete integration of the

stipulation between the parties and supercedes any and all prior oral or written representations, understandings or agreements among or between them.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Franklin E. White, Jr. FRANKLIN E. WHITE, JR. Assistant Director Authorized Representative of the Attorney General OF COUNSEL: CHARLES BRIGGS Department of the Army Memphis District Corps of Engineers s/ David B. Stinson DAVID B. STINSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tele: (202) 307-0163 Fax: (202) 514-8624 Attorneys for Defendant

AUGUST 15, 2006

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s/ James W. Copeland JAMES W. COPELAND Smith, Currie & Hancock LLP Suite 2600 Harris Tower Peach Tree Center 233 Peachtree St., NE Atlanta GA 30303-1530 Tele: (404) 521-3800 Fax: (404) 688-0671 Attorneys for Plaintiff

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CERTIFICATE OF FILING I hereby certify that on August 15, 2006 a copy of foregoing "JOINT STIPULATION FOR ENTRY OF JUDGMENT" 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. system. Parties may access this filing through the Court's

s/ David B. Stinson