Free Joint Preliminary Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00915-MMS

Document 15

Filed 03/30/2006

Page 1 of 6

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CADDELL CONSTRUCTION CO., INC. for the use and benefit of HENDERSON ELECTRIC, HEAT & AIR CONDITIONING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 05-915C Judge Sweeney

JOINT PRELIMINARY STATUS REPORT Pursuant to Appendix A of the Rules of the United States Court of Federal Claims ("RCFC"), plaintiff and defendant respectfully submit the following joint preliminary status report: a. Jurisdiction

Plaintiff indicates that this Court has jurisdiction to consider and decide this action pursuant to 28 U.S.C. § 1491. Defendant is not aware of a basis upon which to challenge the Court's jurisdiction at this time. b. Consolidation

At the present time, the parties agree that this case should not be consolidated with any other case. c. Bifurcation

Assuming the case proceeds to trial, the parties are not presently aware of any reason why this case should be bifurcated.

1

Case 1:05-cv-00915-MMS

Document 15

Filed 03/30/2006

Page 2 of 6

d.

Deferral

At present, the parties are not aware of any reason that this case should be deferred. e. Remand/Suspension

The parties do not request that this action be remanded or suspended at this time. f. Joinder

Neither party seeks to join additional parties at this time. g. Dispositive Motions

One or both parties may move for summary judgment pursuant to RCFC 56. h. Relevant Issues This is a government contract case concerning a public construction project: the First Brigade Barracks at Fort Bragg, North Carolina ("Project"). The United States Army Corps of

Engineers ("COE") awarded and administered the contract, and Caddell Construction Co., Inc. ("Caddell") was COE's prime contractor. Henderson Electric, Heat & Air Conditioning, Inc.

was Caddell's electrical subcontractor for the Project. Pursuant to the contract, Caddell sponsored Henderson's six (6) "pass-through" claims against COE for entitlement or equitable adjustments to the contract: 1. 2. Sprint Damage to Duct Bank Claim; Smoke Detector Claim;

2

Case 1:05-cv-00915-MMS

Document 15

Filed 03/30/2006

Page 3 of 6

3. 4. 5. 6.

Miscellaneous Items Claim; Manhole Claim; Wall Receptacle Claim; and Circuit/Conduit Claim.

COE's contracting officer denied all of the aboveenumerated six (6) claims, in whole or in part, and this action followed. Caddell, for the use and benefit of Henderson, alleges that COE breached its obligations under the contract by, without limitation, (a) providing inaccurate, misleading electrical drawings surveys and specifications; (b) misinterpreting electrical drawings and surveys in such a manner as to impose pragmatically impossible performance burdens in connection with performing work on the Project; (c) failing to give timely notice of allegedly nonconforming work on the Project; and (d) causing or allowing other contractors to damage contract work performed by Caddell's subcontractor, Henderson. Caddell, for the use and benefit of Henderson, also alleges that COE was under a duty to cooperate in the performance of the contract, as well as a duty not to unreasonably delay or hinder contract performance. Defendant has denied all material allegations of liability and has asserted the following affirmative defenses: 1. Accord and satisfaction;

3

Case 1:05-cv-00915-MMS

Document 15

Filed 03/30/2006

Page 4 of 6

2.

Contributory negligence and failure to exercise due care;

3. 4. 5.

Assumption of the risk; Payment; Caddell's failure to coordinate its subcontractors' work;

6. 7.

Release; and Lack of proximate cause

No dispositive motions are pending at this time, nor do the parties anticipate Caddell, for the use and benefit of Henderson, filing a response to defendant's affirmative defenses unless the Court directs otherwise. i. Settlement

The parties will continue to consider the possibility of an amicable resolution of this matter as discovery progresses. j. Trial

As outlined above, one or both parties may move for summary judgment pursuant to RCFC 56. If dispositive motions are not

submitted, or if any such motions are not completely dispositive of this action, the parties anticipate proceeding to trial. parties do not request expedited trial scheduling. The

At this time,

the parties anticipate that trial would take place in Washington, D.C., or, alternatively in Savannah, Georgia.

4

Case 1:05-cv-00915-MMS

Document 15

Filed 03/30/2006

Page 5 of 6

k.

Electronic Case Management

The parties have no special issues regarding electronic case management needs. l. Additional Information

There is no additional information of which the Court should be aware at this time. m. Proposed Discovery Plan

The parties intend to conduct simultaneous discovery through interrogatories, requests for admission, requests for production of documents, depositions, and subpoenas duces tecum and for deposition. schedule: Exchange of Initial Disclosures: Disclosure of Expert Witnesses: Disclosure of Expert Reports: Rebuttal Expert Reports: Conclusion of Fact and Expert Discovery: May 31, 2007 April 14, 2006 November 30, 2006 January 31, 2007 March 30, 2007 The parties propose the following discovery

5

Case 1:05-cv-00915-MMS

Document 15

Filed 03/30/2006

Page 6 of 6

Respectfully submitted, s/W. Robert Vezina, III W. ROBERT VEZINA, III Vezina, Lawrence & Piscitelli, P.A. 318 North Calhoun Street Tallahassee, Florida 32301 Tel. (850) 224-6205 Fax. (850) 224-1353 Attorney for Plaintiff

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Marla T. Conneely MARLA T. CONNEELY Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street Washington, D.C. 20530 Tel: (202) 307-1011 Fax: (202) 307-0972 OF COUNSEL: Connie Baran US Army Corps of Engineers Office of Counsel 100 W. Oglethorpe Ave. P.O. Box 889 Savannah, GA 31402-0889

March 23, 2006

Attorneys for Defendant

6