We compelled the agency to negotiate a settlement, recovering $4 million in damages for our client.
The Navy awarded our client a design-build contract to replace water distribution lines connecting two installations. During construction, our client encountered numerous differing site conditions, including excess asphalt, underground utilities, concrete debris, boulders, and unsuitable soil. After the contracting officer denied our client’s claim, we were retained to prosecute an appeal at the Armed Services Board of Contract Appeals.
The Navy filed a motion for partial summary judgment arguing that none of the conditions our client encountered were unusual or different from what the contract indicated and that the Navy had not breached its duty to disclose superior knowledge. While that motion was pending, the Navy filed a second summary judgment motion arguing that our client’s subcontractor claims were barred by the Severin Doctrine.
We defeated both summary judgement motions. We also prevented the Navy from designating exhibits for trial that had not been disclosed during discovery. Shortly before trial, the Navy agreed to settle the litigation for $4 million.
