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Our attorneys are committed to exploring the
most cost-effective means of achieving our client's goals.
To that end, in appropriate situations we recommend
arbitration of disputes. We often represent clients in
arbitration proceedings under the rules of the American
Arbitration Association, but also under a variety of
international procedures including those of the
International Chamber of Commerce. We make active use of
alternative dispute resolution methods such as mediation
and mini-trials.
Recent examples of litigation for
government contracts clients include:
- We are representing an aircraft and aerostructures
manufacturer in a multi-million dollar contract claim
against the U.S. Army in the U.S. Court of Federal
Claims with respect to constructive changes and cost
increases on an aircraft remanufacturing contract.
- We defended a security systems manufacturing firm in
litigation at the U.S. Court of Federal Claims
regarding a defective pricing claim brought by the
General Services Administration.
- We represented the plaintiff U.S. defense contractor
against a foreign government in litigation related to a
contract for the manufacture of advanced high altitude
surveillance equipment. The case was initially
litigated in the U.S. federal courts; related
arbitration proceedings were held in the U.S. and
abroad.
- We represented a manufacturer of aircraft tow
tractors in litigation against the U.S. Navy at the
Court of Federal Claims involving claims of production
delays due to defective specifications and failures to
cooperate.
- We litigated claims against the Air Force for having
improperly opened competition for the second phase of a
contract for power generating units in violation of
certain limitations on eligible contractors established
in the first phase contract.
- We represented a subcontractor that was supplying
computer cabinets in litigation against the prime
contractor—a supplier of computers—for constructive
changes and defective specifications under a Navy
acquisition of computers for submarines.
- We represented a U.S. flag shipping line in enjoining
the U.S. Navy from awarding a contract that would have
excluded our client from the U.S.-Iceland trade in
violation of U.S. cargo preference laws. We also
successfully defended this matter on appeal.
- We represented a facilities service contractor in a
successful Armed Services Board of Contract Appeals
claim for reimbursement of costs incurred in a major
repair of a Navy facility's waste treatment plant. The
Navy had denied such reimbursement, contending that the
work was covered by the fixed price component of the
contract.
- We prosecuted claims for excess costs on behalf of a
contractor that engineered and furnished new
telecommunications systems at several Air Force bases,
based on differing site conditions, failures to
cooperate, impossibility and failure to disclose
superior knowledge.
- We defended against Navy claims associated with the
collapse of certain military tent structures in a
typhoon, demonstrating that the collapse resulted not
from design or manufacturing deficiencies by the
contractor, but rather from errors in assembly and
maintenance of the structures by the Navy.
- We represented a specialized computer-room equipment
manufacturer in its appeal before the ASBCA contesting
a default termination of a contract with the Defense
Logistics Agency. The case, which was settled
satisfactorily to the client, involved a dispute over
the Government's interpretation of design
specifications.
- We represented a consulting services contractor in
litigation against the Department of Energy based upon
DOE’s constructive ratification of a contract.
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