If contractor or government claims cannot be successfully resolved short of litigation, we represent contractors in alternative dispute resolution (ADR) proceedings or disputes litigation before the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims (COFC). Our Government Contracts Practice includes numerous skilled litigators. Chambers USA, for example, recognized Scott M. McCaleb as "tipped for future greatness" and "an accomplished writer and persuasive advocate . . . who offers the whole package." Numerous members of our Government Contracts Practice Group have clerked for the COFC and the Federal Circuit and have prosecuted cases on behalf of the Government as either former Judge Advocate General (JAG) or Department of Justice (DOJ) attorneys.
Examples of our disputes litigation efforts include:
- Represented association of major defense and aerospace contractors in helping to convince the U.S. Court of Appeals for the Federal Circuit to reverse an ASBCA decision concerning the proper exchange rate for use in converting depreciation charges from a hyperinflationary foreign currency into U.S. dollars.
- Successfully represented the most significant subcontractor in the Navy's A-12 stealth aircraft program in one of the longest running and largest default termination cases before the courts. Through our efforts, the COFC specifically found that our client's work on the development of the aircraft's propulsion system was progressing appropriately and provided no basis for default termination.
- Successfully represented a contractor in an ADR proceeding at the COFC, resulting in a $20 million payment to the contractor's bankruptcy trustee in connection with the default termination of six Department of Housing and Urban Development (HUD) contracts.
We also have successfully utilized ADR before the Boards and COFC, including resolving a multi-million dollar claim against the National Aeronautics and Space Administration (NASA) with virtually no litigation; convincing the Government in an ADR proceeding at the ASBCA to withdraw its defective pricing finding; resolving a $1.5 million defective pricing claim by the Government against a defense electronics manufacturer for $35,000; favorably securing a $135 million settlement (out of $142 million requested) on a complex shipbuilding claim after two weeks of trial at the COFC; and obtaining a multi-million-dollar payment to a contractor threatened with a termination for default and a $100 million government claim.
ISSUE: WINTER 2013