The firm represented a prime contractor in an action against the Department of the Navy before the Armed Services Board of Contract Appeals (ASBCA) that resulted in judgment. The client performed a $32 million contract with the Navy for the installation of a pipeline, weir structure, and pump station. During the course of construction, the client encountered unforeseen conditions and design defects that significantly drove up costs and severely delayed the project.
Certified claim prepared and appeal filed
FTB prepared a certified claim and, later, filed an appeal with the ASBCA. The firm also uncovered previously undisclosed as-built data providing an additional basis for recovery due to the Navy’s failure to disclose material facts prior to bid. When the Navy refused to mediate at the outset of the litigation, FTB applied pressure via written discovery and depositions while minimizing litigation and expert expenses.
Claim paid via judgement
As a result, the Navy agreed to pay $2.5 million — 75 percent of the value of the client’s claim — prior to the close of discovery. A consent judgment was entered against the Navy and the client was paid within 10 days.
Counsel: Kelly A. Floyd