Overview

Biographies

Defective pricing cases are a substantial component of our practice.   We frequently are consulted about defective pricing audit reports and provide advice and assistance to the company in responding to the reports.

In cases that cannot be settled, we are prepared to litigate.   Our lawyers have been involved in litigation of several significant defective pricing cases, including one of the largest such cases ever brought.  In addition, many of the False Claims Act and qui tam cases our attorneys have handled have been predicated on allegations of defective pricing. 

Significant engagements:

• Fairchild Industries and Fairchild Republic (no reported decision; series of defective pricing cases involving the A‑10 attack aircraft, eventually settled after about six years of litigation from 1985-1991).

• Honeywell’s sponsored appeal of a Contracting Officer’s Final Decision asserting a defective pricing claim against Honeywell’s subcontractor, Hercules, for work done by Hercules at the Radford Army Ammunition Plant.  The Army subsequently settled this claim for five cents on the dollar after the cognizant DCAA auditor admitted during deposition that he did not know whether the information that Hercules allegedly failed to disclose during negotiations was cost or pricing data.