Free Stipulation - District Court of Federal Claims - federal

Case 1:01-cv-00351-JFM

Document 82

Filed 02/15/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CLEARWATER CONSTRUCTORS, INC., ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 01-351C (Judge Merow)

STIPULATION FOR ENTRY OF JUDGMENT To settle the claims asserted in the complaint and to permit the entry of final judgment on those claims, without constituting an admission of liability on the part of defendant, it is stipulated and agreed between the parties: 1. On February 20, 1986, plaintiff, Clearwater Constructors, Inc. ("Clearwater"), entered into Contract No. DACA45-86-C-0068 ("the contract") with the United States Army Corps of Engineers ("the Corps") to construct a hangar for B1-B bombers at Grand Forks Air Force Base, North Dakota ("the project"). 2. On or about March 14, 1996, pursuant to the Contract Disputes Act ("CDA"), Clearwater submitted a certified claim to the contracting officer in the amount of $1,171.422.07 for damages and losses alleged to be a result of defective plans and specifications, the failure of the Corps to respond in a timely manner to the proposals of Clearwater's subcontractor, Fleming Steel Company, and constructive changes to the project. The contracting officer denied the claim on June 15, 2000. 3. On June 12, 2001, Clearwater filed this lawsuit, appealing the denial of its March

14, 1996 claim.

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4. The parties subsequently entered into negotiations designed to resolve amicably Clearwater's claims. Clearwater has offered to settle this case in exchange for payment by the United States in the amount of $275,000.00, inclusive of interest, with each party to bear its own costs, attorney fees, and expenses. 5. Clearwater's offer has been accepted on behalf of the Attorney General. 6. The United States consents to entry of judgment against the United States in favor of Clearwater as set out in paragraph 4. 7. Upon entry of judgment, Clearwater releases, waives, and abandons all claims against the United States, its political subdivisions, its officers, agents, and employees, arising out of or related to the contract or otherwise involved in this case, regardless of whether they 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 Clearwater 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. Clearwater 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. Clearwater 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

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Clearwater, 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 this case and permitting entry of final judgment, and for no other. 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. Plaintiff's counsel represents that he has been and is authorized to enter into this stipulation on behalf of Clearwater. 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. AGREED TO:

Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/Todd M. Hughes TODD M. HUGHES Deputy Director Authorized Representative of the Attorney General

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s/Joseph A. Camardo, Jr. JOSEPH A. CAMARDO, JR. Camardo Law Firm, PC 127 Genesee Street Auburn, NY 13021 Tel: (315) 252-3846 Fax: (315) 252-3508

s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L Street, NW Washington, D.C. 20530 Tel: (202) 305-7586 Fax: (202) 514-7969 Attorneys for Defendant

Attorney for Plaintiff February 15, 2008

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