Construction Litigation for the U.S. Naval Facilities Engineering Command, 1982–2002
Publication: Journal of Construction Engineering and Management
Volume 131, Issue 9
Abstract
Evaluation of construction claims history can provide an understanding of improvement opportunities in a capital projects portfolio. This study analyzed cases of construction litigation involving the U.S. Naval Facilities Engineering Command (NAVFAC) for the period of 1982–2002, extracted from the historical trial decision record of the Armed Services Board of Contract Appeals (ASBCA). The study provides trend data for all “first time” construction litigation cases brought before the Board over the last and a total of 666 cases involving NAVFAC construction contracts were identified over this period. The characterization of these cases was accomplished through a review and tabulation of ASBCA identified “primary” causes and a subjective analysis of “root” causes from a random sample extracted from the total population. The random sample data set totals 30 cases and was taken from cases litigated in the last (1993–2002). Findings and recommendations based on root causes, including specific recommendations are provided for NAVFAC and practitioners in other organizations.
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Acknowledgment
Jeffrey J. Kilian served as a graduate student at The University of Texas at Austin. The views expressed are those of the writers and do not reflect the official policy or position of the U.S. Navy, Department of Defense, or the U.S. Government.
References
Commerce Clearing House Inc. (CCH). (2002). Board of Contract Appeals Decisions (1982–2002). Vols. 82-1, 82-2, 83-1, 83-2, 84-1, 84-2, 84-3, 85-1, 85-2, 85-3, 86-1, 86-2, 87-1, 87-2, 87-3, 88-1, 88-2, 88-3, 89-1, 89-2, 89-3, 90-1, 90-2, 90-3, 91-1, 91-2, 91-3, 92-1, 92-2, 92-3, 92-3, 93-1, 93-2, 93-3, 94-1, 94-2, 94-3, 95-1, 95-2, 96-1, 96-2, 97-1, 97-2, 98-1, 98-2, 99-1, 99-2, 00-1, 00-2, 01-1, 01-2, 02-1, and 02-2.
Construction Industry Institute (CII). (1996). “Model for partnering excellence.” RS 102-1.
Construction Industry Institute (CII). (1997). “Project delivery systems: CM at risk, design–build, design–bid–build.” RS 133-1.
Diekmann, J. E., and Nelson, M. C. (1985). “Construction claims: frequency and severity.” J. Constr. Eng. Manage., 111(1), 74–81.
Flanigan, K. (2000). “Insights in construction.” Fourth Rep. on the Nation’s Leading Construction Companies, Deloitte & Touche LLP, Dallas.
Keating, G. T. (2003). Changes and claims in government construction, Federal Publications Seminars LLC.
Kilian, J. J., (2003). “A forensic analysis of construction litigation, and U.S. Naval Facilities Engineering Command.” MS thesis, Univ. of Texas, Austin, Tex.
McMullan, J. (2003). “Trends in construction contract disputes.” Electronic Construction Law J., ⟨http://www.mcmullan.net/eclj/frmain.htm⟩
Roth, M. B. (1995). “An empirical analysis of United States Navy design/build contracts.” MS thesis, Univ. of Texas, Austin, Tex.
Schmader, K. J., (1994). “Partnered project performance in the U.S. Naval Facilities Engineering Command.” MS thesis, Univ. of Texas, Austin, Tex.
Vardeman, S. B. (1994). Statistics for engineering problem solving, PWS Publishing Company, 288–289.
Information & Authors
Information
Published In
Journal of Construction Engineering and Management
Volume 131 • Issue 9 • September 2005
Pages: 945 - 952
Copyright
© 2005 ASCE.
History
Received: Sep 11, 2003
Accepted: Jul 9, 2004
Published online: Sep 1, 2005
Published in print: Sep 2005
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