Construction litigation for the U.S. naval facilities engineering command, 1982-2002

Jeffrey J. Kilian, G. Edward Gibson

Research output: Contribution to journalArticlepeer-review

14 Scopus citations


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 21 years 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 10 years (1993-2002). Findings and recommendations based on root causes, including specific recommendations are provided for NAVFAC and practitioners in other organizations.

Original languageEnglish (US)
Pages (from-to)945-952
Number of pages8
JournalJournal of Construction Engineering and Management
Issue number9
StatePublished - Sep 2005
Externally publishedYes


  • Claims
  • Construction industry
  • Facilities
  • Litigation
  • U.S. Navy

ASJC Scopus subject areas

  • Civil and Structural Engineering
  • Building and Construction
  • Industrial relations
  • Strategy and Management


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