Conflict Resolution for the 21st Century

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Hon. Anthony S. Borwick, Ret.

United States Civilian Board of Contract Appeals Judge, Retired

 

Judge Anthony Borwick retired in December 2013 after nearly three decades of service on two boards of contract appeals, the General Services Administration Board of Contract Appeals and the Civilian Board of Contract Appeals. Known for his excellent judicial leadership and outstanding settlement skills, Judge Borwick played a key role in the arbitration of Hurricane Katrina claims by writing the decision that set forth the standard of review for Federal Emergency Management Agency (FEMA) grant disputes. He also provided a neutral case evaluation of a contract dispute involving the EPA’s environmental cleanup contract near St. Louis, MO, which resulted in an early settlement without litigation.

 

 

   


PRACTICE AREAS

Contractor and federal government claims under the Contract Disputes Act of 1978; federal government lease disputes; construction defects, design defects, delay and disruption in construction cases, including critical path delay disputes; architect’s negligence cases; disputes involving wage and hour laws in federal government contracts; contract disputes involving GSA schedules, bid protests, telecommunications, personal services and environmental cleanup; state and local government contracts; and native American law. 

 

CONFLICT RESOLUTION EXPERIENCE

During his tenure on the boards of contract appeals, Judge Borwick handled the most complex federal government contract claims and disputes in the U.S. and abroad, including bid protests over significant contract awards. He decided the bid protest over the contract award for the air traffic control system for the U.S. and the Department of Defense Reserve Component Automation System. He handled the construction or renovation of Federal Courthouses, U.S. Post Offices and other federal buildings in El Paso and Galveston, TX; Kansas City, KS; Islip Long, Island; and Pittsburgh, PA. He handled complex federal telecommunications contracts involving a claim for reimbursement of local distribution charges from the federal government and a claim for transition charges. 

Judge Borwick also successfully mediated both national and international complex construction disputes involving the Cleveland, OH federal courthouse; Veteran’s Administration facilities in Nashville, TN and Wilmington, DE; the Federal Law Enforcement Training Center campus in Artesia, NM; the United States Agency for International Development road and bridge construction contract in Banda Aceh, Indonesia; and the claim of a contractor against FEMA for provision of housing trailers necessitated by natural disasters.

Prior to his service on the boards of contract appeals, Judge Borwick was Chief Counsel for Litigation in the General Services Administration Office of General Counsel (1976-86) and a trial attorney for the Land and Natural Resources Division of the United States Department of Justice (1970-76).

 

 


ORGANIZATIONS & ACHIEVEMENTS

2008-2013: Panel chair, Contract Claims and Dispute Resolution Committee’s annual summer session on alternative dispute resolution at the boards of contract appeals, the United States Court of Federal Claims, and other federal judicial and quasi-judicial tribunals.

Speaker, ABA Public Contract Law Section’s Federal Procurement Institute; Construction Division of the Public Contract Law Section; Board of Contract Appeals Bar Association; District of Columbia Bar; ABA General Meeting/New York Construction Forum. Chair, seminar on mediation ethics, Board of Contract Judges Association. Moot court judge, George Washington University Law School.


EDUCATION & TRAINING

J.D., Tulane University, 1970
B.A., Cornell University, 1967

Judge Borwick is available nationwide.

 



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