Electric Boat Corporation

May 7, 2019Judge D'Alessandris

Sustained / Appellant PrevailedContract Changes / Constructive ChangesStatute of Limitations / Timeliness

Electric Boat Corporation moved to stay its appeal concerning a contract price-adjustment claim arising from an OSHA fire-watch regulation while it pursued Federal Circuit review of an earlier Board decision on the statute of limitations. The Board granted the stay because the parallel proceedings involved substantially similar facts, issues, witnesses, and damages considerations, and the requested duration was reasonable.

Material Facts

The appeal concerns a claim for a contract price adjustment arising from a December 2004 OSHA regulation requiring a fire watch during hot work in the assembly of Virginia Class attack submarines.
Electric Boat's prime contract contained clause H-30, allowing a price adjustment for certain changes in federal laws or regulations.
The clause was initially omitted from the contractual provisions designated to flow down to Electric Boat's subcontractors, and the omission was later corrected by modification.
Electric Boat sought both its own costs and Huntington Ingalls, Inc.'s costs in the denied claim.
The Electric Boat and HII portions of the appeal arose from the same contract, OSHA regulatory change, claim, and contracting officer's final decision and involved similar damages issues.
Electric Boat and HII shared two expert witnesses, and the Navy used the same expert for both portions of the appeal.

Parties

Appellant: Electric Boat Corporation
Respondent Agency: Department of the Navy
Contract Number: N00024-03-C-2101

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