A forensic analysis of construction litigation, U.S. Naval Facilities Engineering Command

• Main Author: Kilian, Jeffrey Joseph
• Other Authors: Gibson, G. Edward Jr.
• Format: Others
• Published: Monterey, California. Naval Postgraduate School May
• Subjects: Government litigation; United States
• Online Access: http://hdl.handle.net/10945/1046

This thesis document was issued under the authority of another institution, not NPS. At the time it was written, a copy was added to the NPS Library Collection for reasons not now known. It has been included in the digital archive for its historical value to NPS. Not believed to be a CIVINS (Civilian Institutions) title. === This thesis analyzes cases of construction litigation involving the U.S. Naval Facilities Engineering Command (NAVFAC) for the period 1982-2003. NAVFAC construction litagation cases were extracted from the historical trail decision record of the Armed Services Board of Contract Appeals (ASBCA). The thesis provides trend data for all "first time" construction litigation cases brought before the board over the last 21 years. A total of 666 cases involving NAVFAC construction contracts were identified over this 21 year 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 10 years. Recommendation based on the findings are given to NAVFAC.