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Our team has decades of experience with claim preparation, equitable adjustment counseling and litigation. Our practitioners have helped clients obtain declaratory relief or recover substantial sums in high profile contract disputes resolved at the Court of Federal Claims and Boards of Contract Appeals.
Success under the Contract Disputes Act (CDA) and the Tucker Act requires innovation, detailed factual development and precise legal analysis. This is particularly true today, when agencies faced with the same constraints that impact contractors feel compelled to change contracts, disallow costs, deny award fees and terminate agreements. COVID-19 also has impacted contractors in their efforts to manage cost and schedule growth. With government sector budgets potentially flattening or shrinking, proactive contractors develop claims and termination strategies that maximize revenue flow.
Our Claims and Terminations team helps clients devise these strategies. Most recently, we have designed a program adaptable by contractors who seek early resolution of COVID-19 claims and schedule relief requests. Further, our team has successfully advocated theories of constructive change, defective specification, mistake, negligent estimates, superior knowledge, and arbitrary and capricious award fee administration. We have resolved CDA claims seeking improvements to Contractor Performance Assessment Ratings (CPARS) issued by government agencies. We have prevailed in simple and complex cost disallowance claims. Our practitioners have resolved historic major weapons system and infrastructure disputes, precedential Spent Nuclear Fuels (SNF) disputes, and two of the largest Terminations for Default arising out of overseas reconstruction efforts.
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We are thought leaders in SNF litigation, where we represent our clients’ interests in Court of Federal Claims (CFC) litigation, Federal Circuit (FC) appeals and the submission of annual settlement claims to the Departments of Energy and Justice that achieve client goals. We excel in prime/subcontract disputes, where our recognized authority in supply-chain management benefits our clients.
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- A requirements breach, delay/disruption, government interference, and design change claim ($16.5+) arising out of a contract to design and fabricate replicas of Middle-Eastern villages for training at Navy installations;
- A constructive change claim arising out of performance of repair and maintenance work performed at the National Geospatial Intelligence Agency (resolved for $11M+); and
- Two pending claims at the Department of Energy’s Aiken, South Carolina nuclear energy site:
- A certified claim for $19M arising out of underpayment of our client’s successful performance of a Design Capacity Performance Test; and
- A certified claim in the amount of $10M arising out of our client’s successful completion of a Contractor Operational Readiness Review milestone.