Gilbane Federal v. United Infrastructure Projects FZCO

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. FINDINGS OF FACT

Background

1. Gilbane Federal is a California corporation with headquarters in Walnut Creek. Dkt. No. 193 at 10. Ernie Hogue was a Gilbane project manager and Brett *1182 Davis was a Gilbane construction manager during most of the events giving rise to the parties’ dispute. Tr. at 7-8,175.

2. UIP FZCO (“UIP”) is a foreign corporation registered and headquartered in Dubai. Dkt. No. 193 at 10. Mazin Sadiq was UIP’s CEO and Wail Sadiq was General Manager during most of the events giving rise to the parties’ dispute. Tr. at 328-29.

3. UIP Lebanon is a foreign corporation registered in Lebanon and headquartered in Beirut. Dkt. No. 193 at 11.

4. UIP Djibouti is a foreign corporation registered and headquartered in Djibouti. Id.

5. The United States Navy, which is not a party to this action, was responsible for administering Gilbane’s contract through Naval Facilities Engineering Command Pacific (“NAVFAC”). Id. Dave Ebmeier is the former Navy employee partly responsible for creating the Navy’s project specifications. Tr. at 220-21. He retired from the Navy at the end of 2013 and went to work for Kinney Electrical…