The contractor left a wood-wedge in an engine but argued the agency was responsible for the resulting damage. The board rejected the argument. The contractor’s negligence in leaving the wedge in the engine—not the agency's failure to notice it—was the proximate cause of the damage.
Appeal of Marine Hydraulics International, LLC, ASBCA No. 62817
- The Ol’ Wood-Wedge in the Gearcase – The Navy hired the contractor to repair a ship. While taking measurements of the engine, the contractor left a wood-wedge in the gear case. The Navy started the engine. The wedge shattered. The Navy directed the contractor to flush the engine and remove the wood debris. The contractor submitted a claim for cleanup costs. The Navy denied the claim. The contractor appealed to ASBCA.
- Navy Observers – The contractor argued the Navy caused the wood debris. The contractor reasoned the Navy had observed the measurement and failed to discover that the contractor had not removed the wood-wedge. The board found the contractor had a responsibility to perform in a workmanlike manner. The Navy did not have a duty to identify the contractor’s mistakes.
- Measurements- The contractor argued the Navy was at fault because the agency had failed to take its own engine measurements, which would have revealed the wedge. The board noted the contractor, not the Navy, was obligated to take the measurements.
- Stopping Engine – Finally, the contractor argued the Navy was at fault because it should have turned the engine off when it felt resistance from the wood-wedge. The board, however, found the proximate cause of the damage was the contractor’s negligence in leaving the wedge in the engine, not the Navy’s failure to notice the wedge.
The contractor is represented by James A. Kelly of James A Kelley and Associates. The government is represented by Craig D. Jensen, Devin A. Wolak, Kiley A. Holshey, and Bradley S. Garner of the Navy.
--Case summary by Craig LaChance, Editor in Chief