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Construction: District of Columbia
With preeminent construction law practice Thelen LLP dissolving at the end of 2008, a space has been cleared for the DC, Northeast and West Coast law firms that are equipped to handle construction-related litigation, (including insolvency issues), while transactional work continues to take a battering from the economic downturn.
PRACTICE: Holland & Knight LLP’s national practice has over 100 professionals acting for government contractors, project owners and investors, the work encompassing a range of projects, from signature urban and institutional developments to resorts, major industrial facilities, bridge construction, and major infrastructure projects. The practice benefits from close integration with its real estate, environment, labor and finance groups, and is possessed of strong ADR skills. Recent industry projects in the DC area have included the Federal Triangle, the IMF headquarters and the John F Kennedy Center for Performing Arts.
CLIENTS: Clients include owners, architect-engineers, general contractors and subcontractors in virtually all areas of the construction industry.
INDIVIDUALS: The ‘tenacious’ Andrew Stephenson is practice group leader, and highly recommended for litigation matters. Stephen Shapiro is a construction law and public contracts attorney who has represented leading entities in the construction industry on a nationwide basis.
PRACTICE: Owing to its location in the nation’s capital, and its lawyers’ past government experience, Peckar & Abramson has a significant government practice in relation to government contracts, compliance and Public Private Partnership matters (PPP). A great part of the practice involves complex claims and litigation, yet the firm is very honed in on preventative measures, risk analysis, and transactional work. Representative projects include a 315MW oil-fired power generation facility in Virginia, a design-build project for a water fabrication facility in Colorado, water/wastewater treatment plants throughout the east coast, and an airport terminal upgrade and expansion project at Ronald Reagan National Airport.
CLIENTS: As with its other offices, the practice’s Washington DC attorneys focus particularly on general contractor and construction manager representation.
INDIVIDUALS: Adrian Bastianelli has devoted his practice to construction claims for over 35 years, with special emphasis on government construction contract claims. Mark Berry has defended and prosecuted actions exceeding $100m in value on a broad range of domestic and international projects, while Michael Branca’s government contract law practice is recommended for ADR matters in relation to his representation of defense contractors, service providers and IT companies.
PRACTICE: McManus, Schor Asmar & Darden stands out by virtue of the depth and reach of its construction practice. The practice gets involved in all phases of the construction process from contract drafting and project troubleshooting, through to closeout and claims, and has specialized experience in airports, condominiums, hospitals, hotels and power projects. Such clout within the industry is evidenced by the nature of the firm’s instructions, such as representing the owner in a privatized design/build/operate terminal project claim against design professionals in relation to JFK International Airport’s Terminal 4. In international projects, the practice achieved successful claims resolution for two Nassau-based general contractors.
CLIENTS: The roster is made up predominantly of contractors and owners, in addition to homebuilders, subcontractors, suppliers, construction managers and design professionals.
INDIVIDUALS: ‘What Joseph McManus does not know about construction law is not worth knowing’, state clients. Charles Asmar is recommended for his counselling, litigation and ADR skills in relation to all aspects of the construction, development and design processes, his previous experience as a mechanical contractor appreciated by clients. Managing partner Eric Darden is ‘devoted’ to construction law, with a particular emphasis on commercial construction projects, litigation and arbitration.
PRACTICE: The Washington DC office of Chicago-based K&L Gates is recommended for its experience in bid protests, performance claims resolution and litigation, mistakes in bid, government contracting, and other procurement matters. The practice can also be relied upon for transactional work, including financing, mechanics’ liens matters, and certifications by architects and contractors.
CLIENTS: The practice has a well-regarded reputation for its representation of subcontractors, but it also acts for general contractors, owners, suppliers, sureties, architects and engineers.
INDIVIDUALS: Joel Rubenstein is strongly recommended for bid issues, small business contracting, changes, claims and other contract disputes before various administrative boards of contract appeals, state and federal courts, and arbitration tribunals.
PRACTICE: Seyfarth Shaw is an international firm specializing in design and construction law. The practice houses 50 attorneys, and its construction attorneys have prepared thousands of requests for equitable adjustment (REAs) and construction claims. The team is often able to settle disputes at an early stage in the dispute resolution process, but its lawyers ‘are more than capable of tackling challenging litigation head-on’. Other areas undertaken involve the counseling of clients on procurement-related issues, contract administration and risk management.
CLIENTS: The range of clients is broad, including owners, federal and state governments, private developers, contractors and design professionals.
INDIVIDUALS: The ‘excellent’ trial litigator Richard Preston and construction practice chair focuses his practice on US and international construction disputes, as well as government contracts, and has served as an arbitrator. Bennett Greenberg is also recommended, having successfully mediated, litigated, and arbitrated large complex, multi-party construction disputes.