Claims and Disputes Litigation

Our Claims Preparation Approach

The most persuasive claim is one that both presents good facts in the best light and confronts and controls bad facts and law. To this end, we pursue a thorough and disciplined investigation of the facts with substantial support from company technical, contracts, and accounting personnel. This approach, described in Crowell & Moring's "Change Proposal Preparation Guide," is adopted by many of our major clients to educate their employees in the claims process.

Our Results

While not all claims are equally meritorious, we are confident that our approach yields better than anticipated results. We have helped our clients achieve numerous favorable claims settlements and thereby avoid litigation, which would most often be brought against a valued customer.

Representative Settlements

• Represented contractor in $12.3 million settlement payment from the U.S. Air Force for contract changes after an ADR hearing before an ASBCA neutral
• Obtained a $21.5 million settlement for extra-contractual work required by the U.S. Air Force
• Assisted in the preparation and presentation of several changes claims that were included in a settlement of approximately $1.4 billion
• Negotiated conversion of a termination for default into a termination for convenience, with claims for defective specifications, defective government-furnished property, breach of duty to cooperate, excess inspection, and impossibility—$77 million recovered
• Counseled on subcontractor claim against a prime for defects in aircraft design and specifications—$72 million recovered
• Advised on claim for anticipatory profit from the U.S. Postal Service for wrongfully terminating a contract—$50 million recovered
• Advised on claims for defective specifications and inadequate government-furnished equipment—$26 million recovered
• Counseled on claim for government breach of contract—$21.5 million recovered
• Counseled on claim for constructive changes and improper option exercise—$24 million recovered
• Advised on claim for inadequate and late government-furnished property and government-furnished information related to a global communications system—$10 million recovered

Claims Litigation

If we are unable to obtain a satisfactory settlement, and with a complete assessment of the litigation risk and strategy, we do not hesitate to litigate claims. We have done so both in pursuit of equitable adjustments and in defending against government demands.