CLAIMS: DESCRIPTION

Contract Claims and Litigation

Our government contracts practitioners have extensive experience in preparing and litigating claims on behalf of government contract clients. We handle a wide variety of claims involving cost allowability and recovery issues, intellectual property, breaches of contract, change orders, constructive changes and equitable adjustments under various standard government clauses. Our practice includes disputes over interpretation of contracts and the rights and obligations of the parties under special provisions concerning options, funding, price and cost ceilings, releases and indemnity obligations.

Claims Preparation and Negotiation

Based on our practitioners' years of experience with claims work, we are able to handle all types of contract claims, both large and small, with maximum efficiency. We are able to conduct early claims analysis when clients sense a problem but have had difficulty in identifying its cause under their contract. We then can take that early analysis and, working closely with our clients, lay out the most efficient path to recovery. At times, that path may entail negotiations with the responsible government agency and we frequently support our clients in those efforts by preparing the detailed claims necessary to successful negotiations and by actively assisting our clients as they engage the government in face-to-face discussions. We also are well versed with the integration of legal, technical, scheduling and accounting expertise to produce quality claims.

Contract-Related Litigation

MLA lawyers appear before all Boards of Contract Appeals and the Court of Federal Claims in actions involving contract claims that implicate the full range of contractor rights and obligations under federal government contracts. Our claims litigation experience encompasses claims ranging from billions of dollars in such actions as the A-12 Navy Aircraft program termination to our successful resolution of routine contract administration claims on behalf of our small business clients. The breadth of MLA's claims litigation experience is unparalleled and positions us to deal effectively with claims issues, regardless of size or complexity.

We also represent our clients in actions in the U.S. District Courts and, at times, in the state courts, litigating issues related to government contract rights. Such actions frequently involve rights in technical data and intellectual property disputes, claims for document access under the Freedom of Information Act, and the defense and assertion of indemnity rights and obligations in the context of environmental and other tort-related actions. In both judicial and arbitration proceedings, we represent prime contractors and subcontractors to resolve disputes arising out of subcontracts. We handle federal court litigation and international arbitrations on behalf of clients performing international government contracts. Our capability is enhanced by having six offices in the U.S. and an office in Brussels.

Environmental and Tort Litigation

Our lawyers also litigate cases involving the tort and environmental liabilities of government contractors, including not only the product liability aspects of such litigation but also successfully asserting government contract-based defenses. We have defended contractors in environmental litigation arising out of federal and state environmental laws and regulations, relying also upon the substantial resources of the firm's environmental department.

We have substantial experience in litigating Federal Tort Claims Act suits against the government on behalf of clients whose claims against the government are best pursued as tort actions. In connection with our product liability and environmental representation, we have used the FTCA to secure either contribution or indemnity from the government.

Construction Litigation

An important part of our litigation practice involves construction contractor claims and litigation, including identification and support of claims for delay, disruption, acceleration, differing site conditions and additional work. We have also recommended alternative dispute resolution for resolving disputes and we have experience with such proceedings.

For more information on our Claims practice, please contact David Kasanow or Michael Kavanaugh.