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KBR Contract Archive

The US Army resists KBR’s attempt to “gobble” up more taxpayer dollars as KBR cries “fowl” and sues the US Army Corp of Engineers (USACE) after they refuse to indemnify the “turkey’s” [KBR’s] legal fees from exposure of Oregon National Guard troops and others to sodium dichromate at Qarmat Ali, Iraq. If I were the Army, I would be saying “Stick a fork in ‘em [KBR], they’re DONE!” (OK….that’s all the Thanksgiving cliche’s for now.)

On November 2, 2012, an Oregon federal jury ruled that KBR must pay $85 million to 12 Oregon National Guard members who allegedly suffered emotional distress after the company exposed them to sodium dichromate at Qarmat Ali.

Each guardsman was awarded $6.25 million in punitive damages after the jury determined that KBR “acted with reckless and outrageous indifference to a highly unreasonable risk of harm and conscious indifference to the health, safety and welfare of others,” as well as $850,000 in non-economic damages. Read the remainder of this entry »

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US vs KBR again – will this one stick?

Posted November 19, 2012 By Ms Sparky

I wonder who comes up with this stuff?

United States Sues Houston-based KBR and Kuwaiti Subcontractor for False Claims on Contracts to House American Troops in Iraq

(DoJ) – November 19, 2012 – The government’s complaint arises from the Bed Down Mission, a push to replace the tents used to house soldiers during the early days of the war with trailers, also called living containers.   KBR performed many of the services required under LOGCAP III, including the Bed Down Mission, through foreign and domestic subcontractors.   According to the complaint, KBR awarded a subcontract to First Kuwaiti on Oct. 16, 2003, to supply, transport and install 2,252 living containers at Camp Anaconda in Iraq for about $80 million.   The government alleges that First Kuwaiti was required to complete delivery and installation of the trailers at Camp Anaconda by Dec. 15, 2003.   The government further alleges that in July 2004, First Kuwaiti presented two claims to KBR contending that government-caused delays in providing military escorts for convoys into Iraq entitled the company to an increase in the contract price to cover its increased costs.   According to the complaint, KBR agreed to pay First Kuwaiti an additional $48.8 million and passed that cost on to the United States.    

The government’s complaint alleges that First Kuwaiti knowingly inflated its crane and truck costs, among other items, and misrepresented the cause of its delays.   The complaint further alleges that KBR charged these costs to the United States knowing they were improper.

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Returning War Contractors Face Second Battle, Against AIG

Posted November 15, 2012 By Ms Sparky
After his rig bottomed out in a bomb crater, AIG made former KBR trucker David Boiles of Willis suffer through 14 months of agonizing back pain and sciatica before they authorized surgery. – Photo Daniel Kramer

In the summer and fall of 2004, 58-year-old William Manning was working east of the Green Zone in Iraq. As a labor foreman, Manning, a marine Vietnam vet, was overseeing and escorting other civilian contractors at a work site near the police academy where Iraqi rookie cops were trained. ~Mine Fields: Injured Iraq/Afghanistan Contractors Fight to Get Compensated for War Wounds

Whatever your role in the U.S. war effort, if you were injured overseas, at least you’d be covered back home, right?

John Nova Lomax – November 14, 2012 – Ever since that June day in 2010 when the roadside bomb detonated ten feet from the cab of his truck on a dusty road in Iraq, Terry Enzweiler has not been the same. He gets lost coming back from the same grocery store he’s shopped in hundreds of times; his daughter had to buy him a GPS to help him navigate his own neighborhood. He takes Xanax and Zoloft to combat the symptoms of post-traumatic stress disorder.

“The Xanax stops me from jumping through the roof when a pencil falls on the floor,” he says.

Even medicated, his blood still curdles when he hears Arabic spoken on TV or drives through one of the Chicago area’s Muslim neighborhoods. He wore earplugs for much of the week leading up to and right through the Fourth of July. “Those half-sticks sound just like a .50-cal,” he says, referring to a type of heavy machine gun.

The chuck-chuck of helicopter blades terrifies him, as does the sight of his own 25-year-old son. In Iraq, 46-year-old Enzweiler, a recent client of Houston attorney Gary Pitts, saw a dead Iraqi child who looked just like his boy did 13 years ago. “My psychiatrist said it’s like a marriage where there’s been infidelity,” he says in a phone interview. “The wife forgives the husband. Two years later, she sees a blond woman in a blue dress. Two years prior, the other woman looked like that. So in the mind, the two images come together, and for absolutely no reason, you become furious, and your subconscious takes over. It’s the same thing now. When I see my son, I think of that kid. I saw some horribly gruesome stuff over there.”

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Oregon National Guard soldiers vs. KBR – Trial Wrap-up

Posted November 5, 2012 By Ms Sparky

From left are Charles Seamon, Aaron St. Clair, Jason Arnold, attorney David Sugerman, and Rocky Bixby in front of the federal court, shortly after the KBR verdict was announced Friday afternoon. (Photo Motoya Nakamura / The Oregonian)

Some reflections on the KBR trial by a juror
Mike Francis – (The Oregonian) – November 4 , 2012 – I reached out to most of the jurors who awarded damages Friday to the Oregon National Guard soldiers and, so far, one has agreed to discuss the jury’s deliberations, on the condition that he/she not be identified. Here are a few bullet points from our conversation.

1. A consensus emerged fairly quickly that KBR was negligent in the way it operated at Qarmat Aliin 2003. KBR “displayed a level of incompetence you wouldn’t expect from a professional organization being paid well” to do its job, the juror said.

The jury was influenced by the fact that KBR eventually did shut down operations at the water treatment plant out of concerns over contamination by sodium dichromate, which contains the carcinogen hexavalent chromium. Yet KBR was present at the site beginning in March and operated there daily through the spring and summer. To think something changed that much at the site between March and August “defies logic,” the juror said. “There should have been enough red flags. They screwed up in not identifying it early.”  (Click HERE for article)

KBR trial: Some morning-after observations
Mike Francis – (The Oregonian) – November 3, 2012 – While the trial felt like a marathon that ended in a Friday-afternoon frenzy, the KBR case is far from over. Or, as one of the soldiers’ lawyers told his clients in the moments after the verdict was read, “Don’t start writing checks yet.”KBR’s lawyers will ask Judge Papak to throw out the verdict for multiple technical reasons, including what’s known as “the political question.” Failing that, they will appeal.

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KBR verdict: $85 million awarded to 12 Oregon soldiers; KBR guilty of negligence, not fraud ~Mike Francis, The Oregonian

(The Associated Press) – Portland OR – November 2, 2012 –  A jury on Friday ordered an American military contractor to pay $85 million after finding it guilty of negligence for illnesses suffered by a dozen Oregon soldiers who guarded an oilfield water plant during the Iraq war.

After a three-week trial, the jury deliberated for just two days before reaching a decision against the contractor, Kellogg Brown and Root. The company was ordered to pay $6.25 million to each of the soldiers in punitive damages and $850,000 in noneconomic damages.

The suit was the first concerning soldiers’ exposure to a toxin at a water plant in southern Iraq. The soldiers said they suffer from respiratory ailments after their exposure to sodium dichromate, and they fear that a carcinogen the toxin contains, hexavalent chromium, could cause cancer later in life.

Another suit from Oregon Guardsmen is on hold while the Portland trial plays out. There are also suits pending in Indiana and West Virginia.

KBR witnesses testified that the soldiers’ maladies were a result of the desert air and pre-existing conditions. Even if they were exposed to sodium dichromate, KBR witnesses argued, the soldiers weren’t around enough of it, for long enough, to cause serious health problems.

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