About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-219706.2 1 (1986-08-18)

handle is hein.gao/gaobaduxz0001 and id is 1 raw text is: 384 ) United States General Accounting Oifice Washington, D.C. 20548 Office of the General Counsel B-219706.2 August 18, 1986 David W. Mockbee, Esquire Jones, Mockbee, Bass & Hodge 1080 Flynt Drive, Suite E Jackson, Mississippi 39208 Re: Claim No. Z-2854140(2), Fortec Constructors, et al. v. The United States, in the United States Claims Court; No. 85-83C Dear Mr. Mockbee: This responds to your demand for payment of interest on the judgment in the above-referenced case. As explained below, this Office currently cannot certify the requested interest payment because a controversy which may be litigated still exists between the United States and your client regarding its entitlement to the interest claimed. The judgment in question resolved Contract Disputes Act1! claims submit- ted by Fortec under a construction and demolition contract it had with the Coast Guard. While the action was pending, the parties entered into a written agreement to settle the matter by stipulating to the entry of a judgment for the plaintiff in the amount of $105,000. Paragraph 4 of the stipulation states, Plaintiff waives and abandons any and all claims against the United States, or its officers, agents, or employees, arising out of the matters and facts involved in this case. Paragraph 8 says: Plaintiff warrants and represents that it has pending no other action or suit against the United States or its officers, agents, or employees with respect to its claim herein nor will it cause any such action to be filed in or submitted to any other court, administrative agency, or legislative body, including but not limited to the General Accounting Office.* * * Pursuant to this stipulation, the Claims Court entered its judgment, dated October 25, 1984, in favor of Fortec for the agreed amount. There was no mention of interest in either the stipulation or the judgmnent. The judgment was paid following the usual procedures. We issued our settlement certificate on March 5, 1985, in the amrount of $105,000 and the check was sent on March 11. Subsequently, by letter dated April 9, 1985 (you demanded post-judgmenpt interest on the $105,000 citing 31 U.S.C. § 24(a) (now 31 U.S.C. §7i304) / Contract Disputes Act of 1978 (CDA), 41 U.S.C. '§ 01-613.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most