Claims

Overview

Maximizing recoveries & preserving relationships

Claims, disputes, and equitable adjustments are regrettably a common feature of public contracting. Successfully navigating the claims process requires both strong dispute resolution skills and deep knowledge of the unique aspects of claims practice in public procurement.

How We Can Help

Blank Rome’s government contracts attorneys have decades of experience maximizing recoveries on contractor claims involving some of the largest contractors and government programs, as well as successfully defending against government claims (including terminations for default and convenience).

Our Practice

Our government contracts practice, named 2022 “Practice Group of the Year” by Law360, handles claims, disputes, terminations, and equitable adjustments of all sizes, across all industry segments. We have considerable experience with claims involving privatization, infrastructure, terminations for default and convenience, and cost accounting matters. Our attorneys are experienced at drafting claims, pursuing innovative theories of entitlement, calculating methods of recovery and quantum, and litigating and settling claims to maximize client recoveries and protect their business relationships. Complementing our claims work, clients often consult with our team when pursuing contract changes, as this is often the precursor to filing a claim. Our services span the defense and civilian sectors, including the information technology, services, construction, manufacturing, supply, and health care verticals.

Our Successes

We are mindful of each client’s business objectives to marshal resources and maintain a positive relationship with its customer-agency; thus, we often seek to negotiate favorable settlements for our clients. However, if unable to reach settlement, we aggressively litigate claims in a variety of fora—including the Civilian and Armed Services Boards of Contract Appeals and Court of Federal Claims—so that our clients receive the benefits of the contracts they were awarded. Please click here for representative examples of our experience successfully prosecuting and defending claims.

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Experience

Represented a major shipbuilder in a claim filed at the Armed Services Board of Contract Appeals (“ASBCA”) exceeding $300 million, based upon changes in shipbuilding contracts with the U.S. Department of the Navy. The claim ultimately was settled to the satisfaction of the client.
Represented a joint venture consisting of two power companies pursuing claims for extra costs incurred in the performance of contracts with the U.S. Army Corps of Engineers to supply, operate, and maintain power plants in Afghanistan. After the Contracting Officer denied all claims in their entirety, we filed appeals at the ASBCA, and, after completing written discovery, negotiated a multimillion-dollar settlement, resulting in our client recovering more than 90 percent of the claimed amount.
Represented an IT company in a claim seeking to convert a termination for default to a termination for convenience. After a three-week trial at the ASBCA, the Board found the termination for default materially improper, and converted the termination to one for convenience.
Represented a leading logistics provider in a claim relating to water well drilling costs on a contract in Afghanistan. We negotiated a favorable settlement for the client before the filing of the Rule 4 file and Complaint at the ASBCA.
Settled a substantial termination-related claim against the U.S. Air Force filed at the ASBCA on behalf of a major publicly traded utility under a military utility privatization contract. Under the terms of the settlement, the client recovered its Net Unrecovered Investment, and its legal and consulting costs incurred for preparation of its termination settlement proposal.
Defended a publicly-traded manufacturer of defense articles in contesting several significant deficiencies identified during an Accounting System audit performed pursuant to DFARS 252.242-7005. We prepared comprehensive submissions for the Contracting Officer detailing corrective actions that addressed all perceived system issues. Our advocacy led the government to rescind its deficiency findings without any payment withholdings.
Defended and settled a claim for a fraction of the costs originally questioned under a U.S. Agency for International Development contract for support to the agricultural sector in Iraq. We secured an early resolution of the dispute through alternative dispute resolution (“ADR”) proceedings mediated by a Board Judge at the Civilian Board of Contract Appeals (“CBCA”).
Defended a government claim on behalf of a specialized professional services provider. Our analysis led the government to withdraw its entire claim without litigation—and retroactively approve all questioned self-insurance costs—following our appeal to the ASBCA. The client saved $12 million in questioned self-insurance costs.