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Covington has distinctive expertise and experience developing, negotiating, and litigating government contracts claims and other disputes for clients around the world. In addition to having successfully litigated many claims at the boards of contract appeals, in domestic and international arbitration forums, and in the Court of Federal Claims and the Federal Circuit, our team includes many attorneys with relevant government experience. We count among our ranks a former Judge with the U.S. Court of Federal Claims, senior-level attorneys with the U.S. Army Corps of Engineers and the U.S. Air Force, and trial attorneys with the U.S. Department of Justice.
We regularly assist clients with the development and negotiation of requests for equitable adjustments and claims against the U.S. Government under the Contract Disputes Act and, when necessary, follow-on litigation. We also defend clients against default terminations and Government claims of unsatisfactory contract performance and defective pricing. We represent prime contractors and subcontractors in prime-sub disputes on the full range of issues from teaming agreements to contract breach, warranty and third-party beneficiary claims, product recall issues, rights in data, cost charging and staffing issues, and many other issues.
Our depth of experience extends to construction disputes within the U.S. and in Europe, Asia, and the Middle East. We work with our clients to understand the technology and contracts at issue to develop the most persuasive and complete arguments in relation to entitlement and quantum. We also represent clients in the litigation and arbitration of commercial disputes related to government contracts.
Representative Matters
- Successfully obtained what is likely the largest single award in the 150 year history of the Court of Federal Claims: a $1 billion judgment on behalf of 11 plaintiffs in claims brought before the Court of Federal Claims seeking monetary recovery for the Government’s breach of contract. The award was affirmed by the Federal Circuit.
- For a top-5 defense contractor, successfully developed impossibility defense to overcome default termination on $4 billion contract.
- Obtained nearly $500 million in judgments and settlements for multiple oil and gas companies in breach of contracts case against the U.S. Government involving undeveloped federal oil and gas leases offshore North Carolina, Alaska and Florida.
- Represent a returned mail service provider in a $1 billion patent infringement suit against the U.S. Postal Service.
- Represented a major railroad company in breach of contract litigation involving a train derailment and hazardous waste spill caused by an Army Corps of Engineers water control project.
- Represented a large foreign construction contractor in developing claims valued at hundreds of millions of dollars against U.S. State Department related to embassy construction.
- Successfully arbitrated a prime-sub dispute valued at over $100 million related to supply contracts in the Middle East.
- Negotiated a favorable settlement with the U.S. State Department of multimillion dollar claims related to construction of a U.S. consulate in Iraq.
- Represented a large international company in preparing and negotiating a $90 million request for equitable adjustment under a construction project for a power plant in Iraq, settling the case at full value after extensive negotiations with the U.S. Agency for International Development (USAID) and the National Security Council.
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