The government refused to reimburse the contractor for certain wage rate adjustments required by a new Collective Bargaining Agreement claiming the contractor failed to timely notify the government of ...the changes. We appealed that decision, arguing that the government's failure to provide the notice required by the FAR excused the client's untimely notification. After filing the appeal, and without engaging in discovery, we filed a motion for summary judgment which the Board granted.
Government contracts
Alutiiq Mfg. Contractors, LLC. v. United States, No. 15-881C (Fed. Cl. 2019)
Jun 28, 2019
OUTCOME: Verdict for client converting default termination into one for convenience
Contractor was terminated for default for failure to make progress on a runway project at Buckley AFB, CO. After more than three weeks in trial in Denver, CO and Washington, DC, we obtained a judgme...nt from the U.S. Court of Federal Claims converting a termination for default for failure to make progress into one for the convenience of the government. At trial, we focused on the contracting officer’s representative, establishing that his hostility towards our client, combined with his dishonesty, prevented the contracting officer from forming a reasonable belief regarding our client’s ability to timely complete the project. The Court agreed, holding that “[a]s a result of that dishonesty, it seems impossible that the contracting officer’s evaluation of AMC’s performance and likelihood of timely completion was based on a reasonably held belief.”
Litigation
Haskell Corp. v. Matanuska Electric Assoc., Inc. (AAA 01-16-0003-6483)
Dec 01, 2018
OUTCOME: Favorable award to client.
Represented electrical subcontractor in power plant construction project, defending against $18M in owner claims and asserting subcontractor claim, resulting in denial of owner claims and recovery of o...ver $1M in damages and attorney’s fees.
Government contracts
Appeal of Avant Assessment, ASBCA No. 58897
Aug 12, 2015
OUTCOME: Summary judgment granted, converting termination for cause to termination for convenience
In a commercial item contract that was terminated for cause, obtained an order granting our motion for summary judgment that the termination for cause was improper and converting it into a termination ...for convenience.
The General Services Administration ("GSA") awarded our client a contract to build a new land port of entry on the border between Canada and the United States. The Contract was a firm-fixed price in t...he amount of $16,790,287. Less than two years later, the GSA suspended all work on the Project due to design issues with the Project raised by Canadian authorities. Shortly thereafter, the GSA told our client that the GSA would take possession of the project site and directed our client to vacate the site. According to the GSA, it intended to "suspend work and ... pursue a deductive modification for the remaining balance of work."
As of the date upon which the GSA took complete possession of the Project, the Project was approximately 71% complete. The GSA believed it was entitled to a deductive change in the amount of more than $6.230 million, which meant our client would have owed the GSA over $400,000. Our client asked us to assist in the negotiations.
Because there had been no meeting of the minds and no agreement on the scope and pricing of the GSA's proposed deductive modification, we advised our client to assert that the GSA had constructively terminated the contract for convenience of the government, which would result in the GSA paying our client several million dollars, instead of our client owing the GSA more than $400,000. We then prepared and submitted a termination for convenience settlement proposal, which the GSA returned without consideration, asserting that it did not terminate the contract.
The GSA then issued a unilateral deductive modification and a demand letter, asserting that our client owed the GSA over $800,000 (up from $400,000) as a result of the unilateral deductive modification.
In response, we submitted the termination for convenience settlement proposal as a certified claim and demanded a final decision. When the GSA failed to timely issue the final decision, we filed an appeal from the deemed denial at the Court of Federal Claims. We chose to file there, rather than at the Civilian Board of Contract Appeals, because we believed that the Department of Justice would agree with our position that GSA had terminated the contract for the convenience of the government.
The DOJ initially took the same position as the GSA did, i.e., that there was no termination for convenience. However, before discovery began, the DOJ filed an amended answer conceding that the GSA had terminated the contract for the convenience of the government. As a result, the only issue that remained was negotiating the amount of our client’s recovery under the termination for convenience settlement proposal. Ultimately, we were able to settle the litigation and the government paid our client millions of dollars under the termination for convenience proposal.
Government contracts
A&T Systems, Inc. v. United States (12-179C) (COFC)
May 01, 2014
OUTCOME: Settled with Payment to Client
In this commercial item contract for medical coding services, the government refused to pay for certain periods, claiming the client hadn't provided the quantity of services required by the contract. ...We prepared and prosecuted a claim asserting that the FAR didn't give the government the right to withhold payment on that basis.
Government contracts
Appeal of Sadaf Petroluem Kabul, Ltd., ASBCA No. 58353
Mar 12, 2014
OUTCOME: Settled during appeal.
Converted a termination for default of a fuel services contract in Afghanistan into a termination for convenience.
Government contracts
Alutiiq Global Solutions, LLC v. United States (No. 13-854) (COFC)
Feb 14, 2014
OUTCOME: Settled with payment to client.
After the client appealed a deemed denial of its claim to COFC, negotiated settlement with DOJ prior to date defendant's answer was due.
Government contracts
IXL World Class, LLC v. United States (No. 12-906) (COFC)
Jan 17, 2014
OUTCOME: Settled
Converted default termination of a VA construction contract into a termination for convenience.
Government contracts
IAP-Leopardo Construction, Inc., B-408890 (GAO)
Dec 19, 2013
OUTCOME: Protest denied
On behalf of awardee, defended against bid protest challenging award based on allegedly insufficient discussions in negotiated procurement.
