The firm’s client was a window subcontractor on a federal project at Schofield Barracks, Hawaii. As one of the first federal projects to be bid in the aftermath of September 11, 2001, disputes arose over who was responsible for the enhanced blast requirements. Upon completion of its work, the firm’s client pursued change order and contract balance claims against the general contractor and the Army. After reserving its client’s Miller Act claim, the firm pursued a certified pass-through claim to the Army.
[expand title=”Read More” swaptitle=”Less”]Approximately fifty percent of the certified claim was paid after the parties engaged in informal discussions. The remainder of the certified claim was denied and the firm then appealed the contracting officer’s decision to the Armed Services Board of Contract Appeals. Under ASBCA guidelines, the parties engaged in mediation and the firm’s client reached a negotiated settlement with the Army on the appealed claims. The firm’s client subsequently reached a negotiated settlement with the general contractor on the contract balance.
Armed Services Board of Contract Appeals No. 57172; United States District Court, District of Hawaii Civil No. 07-00603 DAE LEK
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Counsel: Jeffrey B. Baird and Christopher R. Sillari