The makers of a high-tech cargo airship have sued the Navy after a hangar roof collapsed and destroyed the innovative $65 million dirigibleairship — and the Navy refused to cover the damages.
Aeroscraft Aeronautical Systems is looking to reclaim its losses plus an unspecified amount to be proven at trial to compensate for the loss of a $3 billion capital financing campaign that could not proceed when the airshipAeroscraft was destroyed.
The 266-foot Aeros airship was destroyed in October 2013 when hit by a 50-by-70-foot piece of the hangar's roof that fell 17 stories. The World War II-era hangar is located at the former Tustin Marine Corps Air Station, Calif. Though the base closed in 1999, the hangar is owned by the Navy. Aeroscraft Aeronautical Systems leased one-third of the hangar while it developed the massive dirigible (don't call it a blimp) with funding from the Defense Department and NASA.
When the Navy said it was not responsible for damages, Aeroscraft responded with the lawsuit, filed March 9 in federal district court. It argues that the Navy gave no reason for its refusal to cover the damages, though Judge Advocate General Instruction Manual 5890.1A, "Administrative Processing and Consideration of Claims on Behalf of and Against the United States," requires that the final denial of a claim must include the reasons for the denial. The company also said it has proof that the Navy sponsored a structural evaluation of the hangar 16 years earlier that determined the roof needed "critical repair," requiringmeaning repairs within two years, but did nothing and did not notify Aeroscraft of the structural defects. Thise precise section of the roof identified by the report is what collapsed and burstcrushed the airship.
Aeroscraft brought in some big guns for this fight. Attorney James Gallagher has represented more than three dozen aerospace contractors in disputes with the government, especially the Defense Department.
"Filing the complaint was really the only option that we had," Gallagher said in a March 11 phone interview with Navy Times. While open to a satisfactory settlement prior to trial, he said he's is preparing for litigation that would likely run more than a year.
The Navy directed questions to the Department of Justice. Nicole Navas, Justice Department spokesperson, said she could not comment because the case is under review.
The Aeroscraft boasts a revolutionary variable-buoyancy design that requires no ground infrastructure to deliver cargo and is able to carry larger and heavier cargo than any existing airplane or helicopter. Its behemoth size limited its storage options. The Tustin hangars were picked because they are the largest covered, unobstructed open space of any structure in the world — approximately 300,000 square feet of floor space with a 173-foot ceiling. The wooden hangars were constructed in 1942 and 1943 to house planes and blimps.
The Navy secured the hangar after the catastrophic collapse and, out of concern for public safety, did not allow Aeros to enter the building for more than eight months, according to the lawsuit. The company submitted a claim to cover its losses under the Federal Tort Claims Act in the summer of 2014. The Navy denied the claim on Dec. 18.
During this time, Aeros began a search of California public records for repair or maintenance documents associated with the hangar. This turned up the structural assessment, prepared for the Navy by Becker and Pritchett Structural Engineers Inc., and dated Nov. 21, 1997. Engineers identified Truss 1 (of 51 wooden trusses) as "buckling and [having] seriously distressed roof members" that created a "structurally significant" misalignment of the rafters, according to the lawsuit. This was a "known and continuing problem associated with the building" and had been repaired in 1975 and 1987. Other documents obtained by Aeroscraft under the Freedom of Information Act said no repair work was performed on the hangar roof.
"If those predicate facts are accurate, the Navy should step up to the plate and take responsibility," Gallagher said.
