Taft recently won a contract dispute on behalf of BAE Systems Norfolk Ship Repair, Inc. (BAE NSR). The decision followed a five-day trial in the so-called “Rocket Docket” in the Eastern District of Virginia, reputed to be one of the fastest federal court dockets in the country for complex commercial cases. The case arose out of the Navy’s implementation of its Heavy Weather Plan on the USS Tortuga (LSD 46) in response to Hurricane Dorian. BAE NSR sought damages for PMO (program, management, and organization) and temporary services costs for the extension caused by having to implement the plan.

The court found that BAE NSR proved its production work was delayed by 11 days because of the Navy having implemented the plan. The court found that BAE NSR was entitled to damages using the Jury Verdict, noting that the Court had “credible trial testimony” from BAE NSR personnel to allow the Court to make a fair and reasonable approximation of BAE NSR’s damages.  The Court also found BAE NSR was entitled to interest, under the Contract Disputes Act, from the date of its certified claim, July 6, 2021, until payment of the awarded damages.

The Taft team included attorneys Barbara Duncombe, Suzanne Sumner, Bill Wagner, Alex Wallin, and Stephen Darby.