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Contracting group pushes for Supreme Court review of contractor liability

Feb. 11, 2014 - 06:00AM   |  
By ANDY MEDICI   |   Comments
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The Professional Services Council is pushing the Supreme Court to review a U.S. Court of Appeals ruling that a lawsuit filed by the family of a soldier over faulty electrical wiring can continue. (Tim Dillon / GNS)

The Professional Services Council is pushing the Supreme Court to review a U.S. Court of Appeals ruling that a lawsuit filed by the family of a soldier over faulty electrical wiring can continue.

The soldier died in 2008 while showering at a forward operating base near Baghdad, Iraq, and the family filed a lawsuit against the facility manager KBR.

In August the U.S. Court of Appeals for the Third Circuit ruled that the suit against KBR can move forward, which the PSC argues is against contracting liability guidelines that limit claims by third parties to the government and not contractors.

“The FAR clause enshrines the well-settled position that the government is generally liable for injuries or death arising out of the prime contractor’s performance of the cost-reimbursement contract,” said PSC Executive Vice President and Counsel Alan Chvotkin. The PSC filed a “friend of the court brief” urging the court to take the case.

The court had reversed a decision by an earlier judge to dismiss the case.

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