As to an example of complex, federal construction law litigation that we've handled, included
below is an opinion issued by the Armed Services Board of Contract Appeals in Washington D.C. It is available
in Westlaw at 1994 WL 508588 (A.S.B.C.A.), 94-3 BCA P 27,182, ASBCA No. 35,896 (1994).]
Appeal of D.E.W., Incorporated
Under Contract No. DACA63-86-C-0043
September 13, 1994
APPEARANCE(S) FOR THE APPELLANT:
Carl Payne Tobey, Jr., Esq.
San Antonio, TX
APPEARANCE(S) FOR THE GOVERNMENT:
COL Riggs L. Wilks, Jr., JA
Chief Trial Attorney
Joel R. Trautmann, Esq.
Engineer Trial Attorney
U.S. Army Engineer District,
Fort Worth
OPINION BY ADMINISTRATIVE JUDGE TUNKS
This is an appeal from a contracting officer's decision terminating a construction
contract for untimely performance and failure to construct a hangar in accordance
with the plans and specifications. We conclude that the Government's design was
impossible to construct and we convert the default termination to a termination for
the convenience of the Government.
The Government's Motion to Strike
The Government has moved to strike some case citations submitted by appellant to the
Board after the closing of the record. It is not unusual for parties to advise a
court or board of subsequent decisions bearing on an issue in a pending case.
Appellant's submission was appropriate. The Government's Motion to Strike is denied.
