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Corps of Engineers dealt a loss in North Dakota dam dispute

National Law Journal - January 17, 2012

Michael Payne was interviewed by the National Law Journal for a Q&A on the Martin Construction decision. A short excerpt appears below.

"The U.S. Army Corps of Engineers was dealt a big blow on Dec. 20, 2011, when a judge in the U.S. Court of
Federal Claims concluded that the agency had botched a marina project in North Dakota. “The most troubling aspect of this case is the Corps’ adamant refusal to accept any responsibility for its defective design, even while Martin made every effort to comply with it,” wrote U.S. District Judge Thomas Wheeler, referring to the contractor,
Martin Construction Inc. “The real difficulty here is not that the Corps made a serious design mistake, but that it denied the mistake throughout and steadfastly blamed the contractor instead.”

Michael Payne, a partner at Philadelphia’s Cohen Seglias Pallas Greenhall & Furman, who represented Martin Construction, talked to The National Law Journal about the case and the significance of the court’s opinion."

For the full article, please visit the National Law Journal website.