____________________________________ GRANTED IN PART: December 1, 1995 ____________________________________ GSBCA 13461 RADCLIFFE CONSTRUCTION COMPANY, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Patrick Sullivan of Winston & Cashatt, Spokane, WA, counsel for Appellant. M. Leah Wright, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), HYATT, and WILLIAMS. HYATT, Board Judge. On November 1, 1995, Radcliffe Construction Company, Inc. appealed the deemed denial of its certified consolidated claim, submitted to the contracting officer on November 27, 1991. This claim was for the amount of $1,666,944, for additional expenses incurred under contract number GS-09P-88-LTC-0050 for the construction of a new U.S. Border Station at Sumas, Washington. Prior to submission of the consolidated claim, Radcliffe had submitted to the contracting officer, on December 7, 1989, a certified claim in the amount of $98,313.99, and on February 23, 1990, a certified claim in the amount of $59,987.66. These claims were for additional costs incurred by Radcliffe as a result of extra work and delay caused by differing site conditions, deficient plans and specifications, and an extensive number of directed changes to the contract. On November 30, 1995, the parties filed a settlement agreement and a stipulation for entry of judgment with the Board, requesting entry of judgment in accordance with the terms of the settlement agreement. In pertinent part, the settlement agreement provides as follows: [T]he Government and Radcliffe do hereby agree as follows: 1. THAT, the Government and Radcliffe, concurrent with the execution of this settlement agreement, will execute a Stipulation for Entry of Judgment in favor of Radcliffe in the amount of Nine hundred and fifty thousand dollars ($950,000) (the "Settlement Amount"). . . . 2. THAT, Radcliffe shall be entitled to interest on the settlement amounts at the rates set by the Secretary of the Treasury (pursuant to Public Law 93-41 (85 Stat 97) for the Renegotiation Board) as follows: Interest on $849,059 from November 27, 1991, Interest on $41,131 from February 23, 1990, Interest on $59,810 from December 7, 1989. 3. GSA and Radcliffe, upon the joint execution of this Settlement Agreement, agree to submit Docket No. 13461 to the General Services Board of Contract Appeals for decision in accordance with the terms of the Settlement Agreement. Within seven calendar days after receipt of the Board's decision, both GSA and Radcliffe will submit certificates of finality to the GSBCA with a request that the GSBCA certify the amount set forth in paragraph 1, above, to the General Accounting Office for payment. 4. THAT, upon payment of the settlement amount, Radcliffe shall be deemed to have released the Government, as of the date of such payment, of and from any and all claims, demands for relief, remedies or equitable adjustments, known and unknown, of any nature or description whatsoever, legal or equitable, which relate to contract no. GS-09P-88-LTC-0050, including any claim for payment of attorney's fees under the Equal Access to Justice Act, 5 U.S.C. 504, and all other costs. 5. THAT, when the release provided for in paragraph four (4) above becomes effective, the Government shall be deemed to have released Radcliffe of and from any liquidated damages claims, demands for relief, remedies or equitable adjustments, known or unknown, of any nature or description whatsoever, legal or equitable, which it may now or hereafter have which could properly be asserted by the Government under the Contract Disputes Act of 1978 relating [to] contract no. GS-09P-88-LTC-0050. Pursuant to Rule 36(e), the Board adopts the parties' stipulation for entry of judgment and enters judgment as requested. Rule 36(e) provides that the Board may so adopt the parties' stipulation, by decision, and that such decision is an adjudication of the appeal on its merits. E.g., Barber Construction Co. v. National Gallery of Art, GSBCA 12946-NGA, 95- 1 BCA 27,405. Decision In accordance with the foregoing, the appeal is GRANTED IN PART. Judgment is entered for appellant in the amount of nine hundred and fifty thousand dollars ($950,000), plus interest at the rates set by the Secretary of the Treasury (pursuant to Public Law 93-41 (85 Stat 97) for the Renegotiation Board) as follows: (1) interest on the amount of $849,059 from November 27, 1991; (2) interest on the amount of $41,131 from February 23, 1990; and (3) interest on the amount of $59,810 from December 7, 1989. ________________________________ CATHERINE B. HYATT Board Judge We concur: ____________________________ _______________________________ STEPHEN M. DANIELS MARY ELLEN COSTER WILLIAMS Board Judge Board Judge