Firm News

Feb 25, 2022

Seyfarth Recovers $367 Million for Municipality of Anchorage in Port Construction Matter

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WASHINGTON, DC (February 25, 2022) – Seyfarth successfully recovered in excess of $367 million from the United States Government on behalf of the Municipality of Anchorage in one of the largest construction and government contracts cases litigated in the United States.

After nearly 8 years of litigation, the United States Court of Federal Claims found that the United States Government breached its contract with the Municipality of Anchorage by failing to deliver a properly designed and constructed Port of Anchorage Intermodal Expansion Project. The Court issued two orders addressing entitlement and damages. In its 19-page order on damages, the Court found, “that Anchorage is entitled to recover damages which were proximately caused by the defendant’s breaches as they were reasonably foreseeable and were proven with sufficient certainty to permit the finder of fact to reasonably calculate damages with reasonable certainty.” In one of the largest construction and government contracts judgments ever, the Court awarded the Municipality all of the damages that Seyfarth sought at trial.

The Port of Anchorage is Alaska's economic heart. Almost half of the cargo crossing its docks is bound for destinations outside of Anchorage. It serves deep-water vessels operating year round to transport cargo faster, cheaper and more reliably than any other means. The Port also serves the nation as Alaska’s only Department of Defense-designated strategic seaport and deploys equipment and supplies internationally to and from five military installations in Alaska. It is one of only 23 strategic seaports nationwide.

Seyfarth’s Construction and Government Contracts Litigation team was comprised of partners Jason Smith, Bennett Greenberg, Donald Featherstun, and Edward Arnold. The Seyfarth team worked closely throughout the litigation with Municipal Attorney Robert P. Owens.