Appeal of Pacific West Builders ASBCA 62627
February 2024
The Navy filed a Motion for Summary Judgment to avoid liability for its specifications and unforeseen site conditions. Upon arguing the motion, the Board found the Navy's assertions were not grounds for summary judgment. In this regard, the matter was insufficiently briefed and there were disputed facts concerning the time impact analysis. Specifically, there was little in the record explaining the time impact analysis, the number of days of delay, and whether any government-caused delays were concurrent with delays within PWB's control.
The case was subsequently settled.
Practice area(s): Lawsuits / Disputes
Court: Armed Forces Board of Contract Appeals
David Rose
David A. Rose, Esq., is a senior member of the firm practicing throughout the United States and internationally based in Georgia. In addition to Federal Contracts and Procurement law, he assists companies and corporations with business formation issues (LLCs, Domestic Corporations, Joint Ventures, Teaming Arrangements, 8(a) and Small Disadvantaged Applications to SBA, Mentor Protégé, Affiliation and Ostensible Subcontractor Issues, etc.) and with the establishment of subsidiary entities in foreign locations from the Caribbean to the Mid and Far East. With more than 20 years of experience, the former Deputy General Counsel (Deputy Staff Judge Advocate) of the Air Force Center for Engineering and Environmental Excellence, oversaw the legal program for execution of over $4 Billion in Federal contracts each year. Dave has served at senior positions in Korea, Japan, Germany, Great Britain and the Pentagon and now brings that breadth of knowledge and experience to the commercial sector. His background is complemented by degrees in chemistry, mathematics, a jurisdoctorate, and post doctoral degrees in environmental law and procurement law from George Washington University. He was most recently selected as the 2011 SAME National Industry Small Business Advocate. He is active in the State Bar of Georgia, US Court of Federal Claims, US Tax Court, Armed Services Board of Contract Appeals, Fulton County Bar Association, the Society of American Military Engineers, the American Society of Civil Engineers, and the Judge Advocates Association. He currently holds the active rank of Lt Col in the United States Air Force Reserves and the position of Deputy Staff Judge Advocate (Cat A) to the Headquarters, United States Air Force Reserves where he is one of the primary legal advisers to the Commanding Officer of the Air Force Reserves, Lt General Scobee.