We prepared, filed, and settled our client’s claim for additional costs incurred because of the government’s defective specifications.
The US Navy awarded our client a contract to build a caisson. During contract performance, the client discovered that the plans and specifications issued by the Navy contained numerous defects. These defects caused the client to incur significant additional costs. The Navy argued that the plans and specifications were performance specifications and thus obligated the client to provide a fully functional and complete caisson, which effectively excused the defective specifications.
We prepared and filed a claim on behalf of the client. When the Navy failed to issue a final decision, we appealed the deemed denial of the claim to the ASBCA. We quickly exchanged documents and began informal negotiations with Navy trial counsel to resolve the claims. Those informal negotiations were successful, and the contracting officer agreed to settle the appeals by paying our client more than $1 million.
