When disputes arise in the award or fulfillment of government contracts, Fox Rothschild’s deep bench of Federal Government Contracts attorneys help clients achieve favorable, efficient resolutions that protect their vital interests and further their business goals.

Our accomplished team has experience with a broad range of litigation, from highly focused disputes hinging on obscure sections of the federal code, to the defense and prosecution of complex, multifaceted claims filed by and against the federal government.

We represent clients around the world and across a wide variety of industries, including construction, logistics, information technology and defense, in a full spectrum of government contracts litigation involving disputes related to breach of contract, bid protests, acceleration, change orders, site conditions, delays, scope changes, work suspensions, cost accounting, wrongful termination and lost labor productivity/cumulative impact, among other issues.

Tenacious trial attorneys, we understand that particularly in the world of government contracting, time is money. We’re adept at helping clients settle disputes outside the courtroom at the negotiating table, in arbitration, mediation and other alternative dispute resolution forums whenever possible. If a trial is the best venue, our experienced attorneys are battle-tested, with a track record of success fighting for clients in Federal District Court, the U.S. Court of Appeals for the Federal Circuit, boards of contract appeals and the U.S. Court of Federal Claims.

Our Experience Includes:

• U.S. Department of Energy (DOE), Savannah River Site Salt Waste Processing Facility (SWPF) Litigation — Provided litigation support, including legal advice and analysis as well as management of e-discovery for DOE in multiple appeals pending before the Civilian Board of Contract Appeals. Successfully assisted the DOE negotiate a favorable and greatly reduced settlement of $40 million in claims related to the design, build and operation of the SWPF, a weapons-grade, liquid nuclear waste treatment facility. Selected by DOE as seasoned federal government contracts litigators with extensive experience with nuclear and nuclear-related construction disputes, Fox is able to conduct efficient, cost-effective litigation support to bolster DOE’s legal positions and protect public funds.
• National Nuclear Security Administration (NNSA) — Represented the NNSA, a semi-autonomous agency within the U.S. Department of Energy, providing litigation support and legal analysis for numerous cases in the U.S. Court of Federal Claims. Fox Rothschild was awarded a five-year, $12 million indefinite delivery/indefinite quantity (IDIQ) contract based on our extensive knowledge of federal contract disputes, marking the first time the NNSA has ever retained outside federal litigation counsel. In a complex construction dispute requiring creative leveraging of the dispute resolution process, our team supported the agency’s defense of over $350 million in claims asserted by a design, build, operate, and maintain contractor against the government and the development and prosecution of over $500 million in affirmative counterclaims against the contractor for defective design, construction, and cost control. Fox assisted NNSA in resolving all issues in mediation, resulting in Fox receiving exceptional Contractor Performance Assessment Reporting System (CPARS) performance evaluations.
• U.S. Embassy in Oslo, Norway — Obtained a $66.3 million settlement with the State Department on behalf of a construction management company in connection with construction of the new U.S. Embassy in Oslo, Norway. The May 2021 settlement, involving CDA claims litigation in the Court of Federal Claims, was the largest ever against the State Department’s Overseas Building Division.
• Fermi Research Alliance, LLC — Provide federal contracts compliance counsel, including claims avoidance and claims management, to this maintenance and operations contractor at the Fermi National Accelerator Laboratory or Fermilab, a U.S. Department of Energy national laboratory specializing in high-energy particle physics.
• NASA Headquarters — Successful trial on behalf of a Real Estate Investment Trust (REIT) against the General Services Administration on the renovation of the NASA Headquarters at Two Independence Square in Washington, D.C., and recovery of millions of dollars in cost overruns caused by GSA- and NASA-directed changes.
• Capitol Power Plant Cogeneration Facility — Representing a multibillion-dollar Engineer-Procure-Construction contractor based in Kansas City, Missouri in prosecuting over $10 million in claims before the GAO Contract Appeals Boards against the Architect of the Capitol through an energy contractor on the design and construction of the Capitol Power Plant Cogeneration Facility in Washington, D.C.
• Central Utilities Plant, Homeland Security Department Headquarters – Represent London-based international construction company in prosecuting multimillion-dollar claims against the General Services Administration involving design and construction of subterranean central utilities plant.
• U.S. Military Institution in Bahrain — Represented global construction firm in connection with a wrongful default termination by the U.S. Army Corps of Engineers. The termination took place on a U.S. military installation in Bahrain.
• Consolidated Intelligence Center  — Representation of the leading process improvement solutions provider in Southeast Asia in a Court of Federal Claims litigation against the U.S. Army Corps of Engineers. The litigation involves the construction of a Consolidated Intelligence Center at Clay Kaserne, USAG, Wiesbaden, Germany.
• U.S. Embassy in Bishkek, Kyrgyzstan — Representation of a contractor preparing 21 requests for equitable adjustments in connection with a complex $200 million construction project for the new U.S. Embassy in Bishkek, Kyrgyzstan. The claim value currently stands at $54.9 million.
• Marine Corps Base Camp Pendleton — Prosecution of two certified claims on behalf of a joint venture against NAVFAC Southwest with respect to design-build contract performed at Marine Corps Base Camp Pendleton. The joint venture advanced two claims concerning the project that were ultimately appealed to the Armed Services Board of Contract Appeals.
• Navy Facilities Engineering Command (NAVFAC) — Prosecuted two seven-figure requests for equitable adjustment (REAs) with the Navy Facilities Engineering Command (NAVFAC) for Europe, Africa, Southwest Asia (EURAFSWA) on behalf of a major international design/build contractor. Representation included a sophisticated, closely detailed review of the merits of REAs on two highly technical engineering contracts and working closely with an understaffed NAVFAC counsel’s office in order to resolve our client’s REAs.
• Oak Ridge National Laboratory — Representation of a large, national joint venture against the operations and maintenance contractor and the U.S. Department of Energy in a high-visibility, multimillion-dollar lost labor productivity claim on the Oak Ridge National Laboratory in Tennessee.
• IRS Service Center — Successful award for a lost productivity claim against the General Services Administration on the IRS Service Center renovation project in Andover, Massachusetts.