Turner Construction Co. v. Smithsonian Institution, CBCA 2862, et al., 2017 WL 1968758 (Apr. 14, 2017)
Successfully represented a national contractor in long-running litigation before the Civilian Board of Contract Appeals. The dispute arose from the multiple phased “Public Space Renewal Project at the National Museum of American History” in which the parties never agreed to a firm fixed price, even after the contract had been fully performed. The board ruled in favor of our client and awarded it $6 million plus interest while denying the Smithsonian recovery of any of its $24 million claim for repayment against Turner.
JJK Group, Inc. v. VW International, Inc., et al., No. 8:13-cv-03933-TDC (District Court, Maryland 2015)
Chas. H. Tompkins v. United States, 43 Fed. Cl. 716 (1999)
Represented prime contractor in dispute arising from design-build of a new nurse call system for the U.S. Army Corps of Engineers (USACE) in a medical facility in Fort Lewis, Washington. After project completion, USACE revoked acceptance and ordered replacement of the new nurse call system, but the principal subcontractor refused to perform. Prime contractor retained another subcontractor to perform the replacement work and sued the original subcontractor and its surety to recover the costs. Successfully obtained partial summary judgment ruling that subcontractor materially breached subcontract by refusing to proceed with replacement work unless it could prove cardinal change in a proceeding against USACE.
Involved a successful Court challenge to the agency waiving past performance requirements for the low bidder after denial of the protest by GAO.
City of Westminster v. Centric Jones, Nos. 01CA0502 & 01CA0602, 2003 WL 22098771 (District Court, Colo. 2003)
Obtained a rarely handed down directed verdict dismissing the owner's $11 million claim against our client. The trial court found that the owner failed to make any reasonable apportionment between contractor caused versus designer caused damages in its case. In addition, the jury awarded over $1 million for all of the contractor's contract balance and unpaid changes. The Colorado Court of Appeals affirmed the directed verdict on September 11, 2003 in a reported decision.
Data Management Services Joint Venture v. United States, 78 Fed. Cl. 366 (Fed. Cl. 2007)
Represented contract awardee as intervenor in protest of $54 million information technology support services contract. Successfully convinced Court that agency's evaluation of corporate experience was not limited to prior contracts of similar scope.
In Eastover Ridge, L.L.C. v. Metric Constructors, Inc., 139 N.C. App. 360, 553 S.E. 2d 827 (2000)
Defeated an owner's fiduciary duty claim despite a standard AIA clause that the contractor accepts a relationship of trust and confidence. Also defeated on motion the owner's claim under North Carolina's unfair and deceptive trade practices act.
In M and O Marine, Inc. v. J.A. Jones Construction Company, Civ. No. 97-1177
Represented a national contractor in a federal court action arising from the construction of a new lock at the Point Marion Lock and Dam near Pittsburgh, Pennsylvania. The case involved the defense of in excess of $2 million in nonpayment and extra work claims brought by a marine contractor. Obtained summary judgment for the general contractor on claims in civil RICO and common law fraud. The subsequent trial included the successful assertion of delay and extra work claims against the subcontractor.
In the Matter of Arbitration between Beleggingsmaatschappij Ten Hage III B.V. and Omni Construction, Inc.
Involved a dispute arising out of the construction of a large commercial development project. Successfully defended the general contractor and its subcontractor against the owner's demand for $1.7 million in breach of warranty damages and $1 million in punitive damages that involved lead in water contamination issues - a complete defense result.
In the Matter of Arbitration between Kiewit Construction Group, Inc. and Trinity Industries, Inc.
Represented the contractor in its breach of contract and delay damage claims against a structural steel supplier and the supplier's supply bond sureties in connection with reconstruction of the Pennsylvania Avenue Bridge over the Anacostia Bridge in Washington, D.C. Successful in obtaining an award in excess of $1 million at arbitration.
J.A. Jones Environmental Services Company v. Horizontal Technologies, Inc. and North American Specialty Insurance Company, No. 01-1766 (E.D. Mich.)
Pursued subcontractor and surety company on behalf of a contractor for breach of contract and defective installation of underground piping. The jury awarded all of the damages claimed, in excess of $5 million. The Sixth Circuit affirmed the jury verdict in an unreported decision dated April 3, 2003.
John J. Kirlin, Inc. v. Marshall/Hyman a Joint Venture, Civil Action No. 172422-V (Circuit Court for Montgomery County, Maryland)
Successfully prosecuted a quantum meruit claim relating to an unsigned subcontract arrangement related to work performed by the subcontractor on the IBM/Toshiba Dominion semiconductor plant in Manassas, Virginia. The follow-on arbitration for damages resulted in multi-million dollar recovery for the subcontractor.
Kvaerner, ASA v. Bank of Tokyo-Mitsubishi, Ltd., 210 F.3d 262 (4th Cir. 2000)
Successfully compelled financing banks protected by a parent corporate guarantee to participate and be bound by the arbitration agreement in the underlying construction contract.
Limbach Company LLC v. Zurich American Insurance Company, 396 F.3d 358 (4th Cir. 2005)
Successfully appealed an insurance coverage dispute regarding a commercial liability policy issued by Zurich. The Fourth Circuit reversed the award of summary judgment to Zurich and held that coverage was provided to Limbach for damages within the "your work" exclusion's exception for work performed by a subcontractor.
Metric Constructors, Inc. v. Bank of Tokyo-Mitsubishi, et al., WL 21752892 (4th Cir. 2003)
Involved the successful appeal of a summary judgment ruling in favor of the project owner's lenders and against the general contract's unjust enrichment claim. The Court determined that our client, the general contractor, forecasted sufficient evidence to satisfy each of the elements of an unjust enrichment claim to proceed against the lenders after they pulled the financing from a single purpose, asset-less owner entity.
Sterling Millwrights, Inc. v. United States, 26 Cl. Ct. 49 (1992)
Successful representation of a contractor building a chrome-plating facility for the U.S. Army. The Court overturned a default termination and ruled our client was entitled to recover damages caused from the government's defective design and delays.
U.S. West, Inc. v. Aetna Casualty & Surety Co., Civ. Action No. 95-879-A (E.D. Va.), aff’d, No. 96-1698 (4th Cir. 1997)
Federal court litigation in the Eastern District of Virginia between a general contractor and its subcontractor, against an "all risk" property insurer for damages to batteries installed during construction. Obtained judgment in the entire amount of the claim which was upheld on appeal.
Appeal to SBA Office of Hearings & OHA Appeals
Successful OHA appeal in July 2010 involving small business set aside contract.
Successful GAO protest in May 2010 involving remediation contract.
Heros, Inc., B-292043, 2003 CPD ¶ 111
Involved the successful protest of an Army solicitation limiting helicopter engine repair bidders to the original equipment manufacturer and its authorized maintenance centers.
International Arbitration (Iraq)
Represented an American firm against a Kuwaiti subcontractor involving Iraq war logistical support in ICDR proceeding.
SBA Size Appeal - VA Contract
Successful SBA size appeal in June 2010 involving VA contract.
Small Business Size Protest August 2010
Successful SBA protest challenging company’s size under NAICS code limiting businesses to 500 employees or less.
Successful Size Appeal HUBZone-SBA-size-decision-reversal
In July, 2010, Doug Patin, David Pugh, Jim Stewart and Joel Brown successfully appealed an adverse SBA size decision which had prevented a HUBZone contractor from bidding on set aside work. The case below had been handled by another firm. The Bradley Arant lawyers were asked to take up the appeal after the client lost at the SBA Regional Office. Bradley Arant's team obtained a reversal and enabled the client to compete again for set aside work.