H.B. Mac, Inc., v. United States

Decision of the U.S. Court of Appeals for the Federal Circuit


Self-certified small disadvantaged construction contractor sued government to recover excess costs due to differing site conditions at construction site in Hawaii. Government asserted affirmative defenses and counterclaimed for fraudulent self-certification. Separate trials on contractor claims and government counterclaims. Court pressured the government to settle and warned that it would rule for contractor and say harsh things in its decision about government counsel if government would not settle. Government pressed its case, and the court entered a harshly-worded decision calculated to be so heavily fact-based as to be non-reversible on appeal. Despite the court's effort to make its decision non-reversible by basing it on factual determinations and witness credibility, Mr. Matorin scoured the record and demolished the court's ruling. As a consequence, the Federal Circuit reversed and entered judgment in favor of the government.

Mitchell J. Matorin second-chaired the second trial on the government counterclaims and personally evaluated, briefed and argued the government's appeal of the decision on the contractor's claims (he made a strategic decision not to appeal the ruling on the counterclaims).

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Reference Info:Decision | Federal, Federal Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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