Frederick (Rick) W. Claybrook, Jr.
Frederick (Rick) W. Claybrook, Jr., was a partner in the Washington, D.C., office of Crowell & Moring from 1977 to 2016. He has litigated for almost 40 years in the government contract area and has appeared on frequent occasions before the Court of Federal Claims, the Government Accountability Office, the boards of contract appeals, federal district and state courts, domestic and international arbitrators, and courts of appeals. He has also been involved in several mini-trials. Rick is rated AV Preeminent 5.0 out of 5 by Martindale-Hubbell and recognized repeatedly by Super Lawyers as a leader in government contracts. The Pacific Justice Institute awarded Rick the 2019 Carlson-Parker Faith and Law Award in recognition of the excellence of his legal work protecting religious freedom.
Rick has concentrated in bid protest actions and in litigation of contract and subcontract disputes, including with the United States Postal Service. He also has substantial experience in terminations, changes, and other government and commercial contracting matters. He has:
- Won multiple multi-million dollar awards.
- Achieved multiple multi-million dollar settlements.
- Never lost a protest defense.
Rick in addition to his practice has contributed to the scholarship in the field. His law review articles include Wrong from the Start: Withholding Implied-in-Law Contract Jurisdiction from the Court of Claims, 46 Pub. Contract L.J. 1 (2016); A Twice Told Tale: The Strangely Repeated Story of “Bad Faith” in Government Contracts, 24 Fed. Cir. B.J. 35 (2014); It's Patent That 'Plain Meaning' Dictionary Definitions Shouldn't Dictate: What Phillips Portends for Contract Interpretation, 16 Fed. Cir. B.J. 91 (2006); Standing, Prejudice, and Prejudging in Bid Protest Cases, 33 Pub. Contract L.J. 535 (2004); and Good Faith in the Terminations and Formation of Federal Contracts, 56 Md. L. Rev. 555 (1997). Rick is the recipient of the 2016 Board of Contract Appeals Bar Association Writing Award.
Rick was graduated cum laude from Wheaton College (Illinois) in 1973 and with honor from Duke University School of Law in 1976. He was a member of the editorial board of the Duke Law Journal, in which he published two articles. Following his graduation from law school, he clerked for the Honorable Gerald Bard Tjoflat of the United States Court of Appeals for the Fifth Circuit.
Rick is a member of the bars of the District of Columbia and the State of Ohio, as well as the bars of the U.S. Supreme Court, several U.S. Courts of Appeals and District Courts, and the U.S. Court of Federal Claims. He served on the national board of the Christian Legal Society (2005-2016).
Publications
- The Time Is Ripe to Disincorporate the Establishment Clause, 25 Fed. Soc. Rev. (July 3, 2024). Author: Frederick W. Claybrook, Jr., https://fedsoc.org/fedsoc-review/the-time-is-ripe-to-disincorporate-the-establishment-clause.
- Wrong from the Start: Withholding Implied-in-Law Contract Jurisdiction from the Court of Claims (2016). Author: Frederick (Rick) W. Claybrook, Jr.
- A Twice-Told Tale: The Strangely Repeated Story of 'Bad Faith' in Government Contracts (2014). Author: Frederick W. Claybrook, Jr.
- Revising The Tucker Act: Changes For The Better? (June 7, 2012). Authors: Frederick W. Claybrook, Jr. and James G. Peyster
- Please Check Your Crystal Ball at the Courtroom Door – A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job (2009). Author: Frederick W. Claybrook, Jr.
- Declaratory Judgment Actions - An Effective Tool for Serious Situations (Spring 2006). Co-Authors: Frederick W. Claybrook and J. Chris Haile.
- Standing, Prejudice, and Prejudging in Bid Protest Cases (2004). Author: Frederick W. Claybrook, Jr.
- Analysis & Perspective: The Particular Perils of the Sarbanes-Oxley Act for Government Contractors (2002). Co-Authors: W. Stanfield Johnson and Frederick W. Claybrook Jr.
- A Modest Proposal: Why Not Award Lost Profits to a Disappointed Bidder? (Summer 1999). Author: Frederick W. Claybrook, Jr.
- The Initial Experience of the Court of Federal Claims in Applying the Administrative Procedure Act in Bid Protest Actions - Learning Lessons All Over Again (1999). Author: Frederick W. Claybrook, Jr.
- The Termination Loss Ratio Formula: A Suggested Alternative to More Accurately Account for Constructive Changes (1999). Co-Authors: Frederick W. Claybrook, Jr., and Mark Bleiweis.
- Why Not Bring a Bid Protest in the GSBCA - Or in the ASBCA, for That Matter? (May 1998). Author: Frederick W. Claybrook, Jr.
- Good Faith in the Termination and Formation of Federal Contracts (1997). Author: Frederick W. Claybrook, Jr.
- The Federal Courts Improvement Act Needs Improvement: A Renewed Call for Its Amendment (1991). Author: Frederick W. Claybrook, Jr.
- Section 1981 and Discrimination in Private Schools Author: Frederick W. Claybrook, Jr.
- Implied Waiver of a State's Eleventh Amendment Immunity Author: Frederick W. Claybrook, Jr.