LITIGATION EXPERIENCE MATTERS (3)

In claims under the Disputes Act of 1978 that covers all contractual disputes, you will not have a jury, and:

1. There will likely be no opening statement or closing oral argument.
2. No expert witness testimony will be allowed on contract interpretation issues.
3. The case will be won on your post-trial brief strength.
4. Expert testimony on the delay claim critical path analysis will be required.
5. The judge presiding at the trial may not write the opinion.
6. It will likely take a year or more after the last brief is filed for a decision to be issued.
7. Stay across the street at the Homewood Suites by Hilton for ASBCA trials and have lunch catered there. (The ASBCA will most likely move soon.)
8. The record consists of the Rule 4 File, the trial transcript, and any exhibits admitted at trial.
9. The case will be decided on that record.
10. Do not file a motion for summary judgment unless you know the relevant facts are undisputed.