Construction
The attorneys of Williams Mullen’s Construction Practice Group have been providing legal counseling and representation to the construction industry since the 1970s. Our clients include project owners, developers, architects/engineers, construction managers, contractors, suppliers, and sureties for public and private projects both inside and outside the United States, as well as for public private partnerships (P3).
We keep pace with changes in federal and state regulation of the construction industry, and with developments in the construction industry as project design and delivery systems evolve. We bring to our clients a formidable collection of firsthand knowledge of construction law, the construction industry and the construction process built over the past four decades.
Publications such as Best Lawyers in America, Chambers USA, Legal Elite, Super Lawyers, and The International Who’s Who of Construction Lawyers have recognized members of the Williams Mullen Construction Practice Group among the best when it comes to construction and surety matters.
Our attorneys have written chapters for various publications, such as the ABA Forum book, Federal Government Construction Contracts, and the Virginia Construction Law Deskbook, and had published in Engineering News Record, Construction Claims Advisor, and the Construction Law and Public Contracts Virginia State Bar Newsletter, in addition to contributing to numerous papers, making presentations and leading seminars at the invitation of construction industry groups and legal organizations.
The clients of the Construction Practice Group have yet another advantage with Williams Mullen that a limited practice law firm cannot provide. As a client, your legal issues are not always restricted to one area of law practice, and for your benefit, the law practice areas of Williams Mullen are not limited. When you engage Williams Mullen, you immediately have access, if and when needed, to all our practice areas as well as attorneys from our offices in North Carolina, South Carolina and Virginia.
Our Construction Project Portfolio Is Vast and Varied
In four decades, our attorneys have been engaged in many projects. The following list provides examples from our Project Experience Portfolio. These projects have included new construction, demolition, rehabilitation and historical renovation.
- Sports Arenas and Stadiums
- Hospitals
- Research Laboratories
- Power Plants
- Water and Wastewater Treatment Plants
- Highways and Bridges
- Site Development and Parks
- Urban Transit Systems: Tunnels, Stations and Facilities
- Airport Runways, Terminals, Air Traffic Control Towers
- Mid and High Rise Office Buildings
- Residential Multi-Unit Buildings and Assisted Living Facilities
- Hotels, Casinos and Convention Centers
- Sewer and Utility Installation
- Prisons and Jails
- Federal, State and Local Government Buildings and Courthouses
- Ports and Maritime Facilities
- Military Bases and Homeland Security Facilities
- K-12 Schools and University Buildings
- Religious Structures
- Industrial and Process Facilities
- International Projects
Many of the projects for which we have provided legal services have been located within the United States. We have also provided legal services and representation for projects in international locales such as Puerto Rico, Mexico, Jamaica, Guantanamo Bay, Cuba, Dubai, Germany, Ghana, Angola, Egypt, Israel, and Spain.
“The team includes both attorneys with in-depth knowledge and other team members with supporting skill sets. They have proven to be well aware of market realities in the construction business.”
— Williams Mullen Client Feedback - Chambers USA, 2024
Experience
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER
Sports Arenas and Stadiums
- Represented performance bond surety for default terminated steel fabrication and erection trade contractor in construction of Major League Baseball stadium in Pittsburgh, Pennsylvania. Awarded summary judgment by federal district court against construction manager and Stadium Authority and dismissal of their $25,000,000 claim. Settled with multi-million dollar damages payment to surety client.
Hospitals
- Represented concrete trade contractor in multi-prime construction of Duke Hospital North for Duke University in Durham, North Carolina. After arbitration hearings lasting 250+ days, multi-million dollar damages were awarded to client on claims for defective design, extras and delays.
- Represented Owner against architect for defective design and failure to properly administer hospital expansion project.
- Represent Owner against contractor for defective construction of hospital expansion project.
Research Laboratories
- At federal Board of Contract Appeals, Navy’s termination for default of general contractor to demolish and renovate research building at Naval Research Laboratory in Washington, D.C. was converted to termination for convenience.
Power Plants
- Represented performance bond surety for mechanical contractor default terminated in construction of co-generation power plant in Linden, New Jersey. After multi-week “nighttime” baseball style arbitration, arbitrators selected award proposed by surety client and rejected award proposed by EPC project owner.
Water and Wastewater Treatment Plants
- Represented performance bond surety for general contractor default terminated on contract to construct water treatment facility for Green River Water Authority, Wyoming. Federal district court awarded summary judgment in favor of surety, and dismissed Authority’s claims in total against surety client. Affirmed on appeal to 10th Circuit U.S. Court of Appeals.
Highways and Bridges
- Represented multiple general contractors at Maryland State Board of Contract Appeals, and settled claims in separate proceedings against Maryland State Highway Administration for extra work and delays in construction of Interstate I-68 and Interstate I-95 highways.
- Represented general contractor in manufacturing and installation of traffic management control system for Interstates I-66 and I-95 for Virginia Department of Transportation. Mediated settlement of extras and delay claim with no assessment of liquidated damages for extended time to complete.
Urban Transit Systems: Tunnels, Stations and Facilities
- Represented successful protestor to award of Washington Metropolitan Area Transit Authority contract to supply and install switchgear for transit system; awarded contract on protest.
- Represented electrical trade contractor at federal Board of Contract Appeals against Washington Metropolitan Area Transit Authority’s assessment of liquidated damages for delayed completion; liquidated damages overturned as penalty.
- Represented general contractor at federal Board of Contract Appeals in three separate proceedings for extra work and delays against Washington Metropolitan Area Transit Authority in connection with construction of tunnels and station of transit rail system section.
- Represented general contractor at Maryland State Board of Contract Appeals and settled claims against Maryland State Highway Administration for hazardous waste excavation and disposal, variation in estimated quantities, extra work and delays on contract to construct railroad overpass and relocate railroad line over and around active urban highway.
Airport Runways, Terminals, Air Traffic Control Towers
- Represented general contractor with preparation and negotiation of claims for extra work and delays as well as closeout of contract for construction of new mid-field air traffic control tower and support building leased to Federal Aviation Administration. Mechanical subcontractor’s claims were denied in total for no recovery against general contractor client in arbitration. Recovery of fees awarded in same arbitration.
Mid and High Rise Office Buildings
- Represented steel erector subcontractor against steel fabricator on claims for extras and delays in construction of high rise office building in New York City. After 60+ days of arbitration hearings, panel awarded multi‑million-dollar damages plus attorneys’ fees to steel erector client.
- Represented drywall subcontractor in claim against general contractor for wrongful supplementation on office building project.
Hotels, Casinos and Convention Centers
- Represented architectural millwork subcontractor against claim by supplier in construction of Marriott Hotel in Fairfax, Virginia. Circuit Court of Fairfax County, Virginia directed verdict for subcontractor client at conclusion of supplier’s case.
- Represented steel erector subcontractor against steel fabricator on claim for extras and delays in construction of Marriott Marquis Hotel in Times Square, New York City. Settled claim with multi-million dollar payment to steel erector client.
- Represented general contractor in defense of claims by owner for defective post tension system in hotel.
- Represented general contractor in defense of claims by owner for elevation errors in high rise hotel.
Prisons and Jails
- Represented performance bond surety for electrical subcontractor default terminated on federal prison hospital project in Butner, North Carolina. Federal district court dismissed all claims against surety client on summary judgment. Thereafter, represented defaulted subcontractor in jury trial in federal district court. Court directed verdict in favor of subcontractor client, and parties settled.
- Represented general contractor against Virginia Department of Corrections for extra work and delays in construction of medium security prison. Circuit Court for City of Richmond awarded judgment and recovery of damages to client.
Federal, State and Local Government Buildings and Courthouses
- Represented general contractor in negotiation of claims and close out of contract and subcontracts for construction of NOAA Satellite Operation building and facilities in Maryland.
- Represented subcontractor in U.S. District Court on Miller Act payment bond claim for payment for electrical work in construction of Air Force Transportation Management School at Ft. Lee, Virginia.
- Drafted general conditions of contract for District of Columbia Courts for $100,000,000 renovation of D.C. Court’s historic courtrooms and buildings.
- Drafted design services contract and construction contract, including LEED certification requirements for design and construction of Public Works Facility for City of Takoma Park, Maryland.
Military Bases and Homeland Security Facilities
- Represented general contractor in construction of U.S. Customs and Border Protection training facility in West Virginia, providing legal advice during construction and in mediation of multi-million dollar settlement of changes, delay claim and contract closeout.
- Defended payment bond surety in federal court litigation brought by subcontractor asserting Miller Act payment bond claim on project to rehabilitate barracks at Ft. Belvoir, Virginia.
- Represented general contractor awarded construction contract for Marine Corps base at Camp Lejeune, North Carolina. Prepared subcontracts and purchase orders to comply with Federal and North Carolina law.
- Represented Design Builder in claims by remote subcontractors for claims based on defaulting intervening tiers on military housing projects.
- Represented Design Builder in claims by subcontractor for delay and extended general conditions based on site conditions and defects in plans on military housing project.
K-12 Schools and University Buildings
- Represented successful protestor to award of Loudoun County, Virginia Public Schools contract to construct new high school; awarded contract on re‑bid.
- Represented owner against general contractor in claim for change in scope of work involving fireproofing of support beams in private school renovation.
- Represented drywall subcontractor in defense of claim by material supplier based on defective materials on state dormitory projects.
Religious Structures
- Represented church in construction of parking garage, sanctuary, administrative building and media production facility in Vienna, Virginia. Mediated settlement of contractor’s claims for delay and materials escalation with payment by architect’s insurance carrier.
Industrial and Process Facilities
- Defended contract awardee against second low bidder in protest to federal GAO for award of contract for rehabilitation and installation of specialty anchors for inland waterway dam. Protest denied.
- Defended contract awardee against second low bidder in protest to federal GAO for award of multi-year, multi-phase contract for new construction and rehabilitation of locks and dams on Ohio River. Protest denied.
International Projects
- Represented general contractor who had demolished high rise public housing buildings in San Juan, Puerto Rico, for recovery of outstanding contract payments withheld during governmental investigation of public housing authority and authority officials. Full payment due was recovered.
- Represented performance bond surety to general contractor in construction of Ritz-Carlton Hotel and Casino in San Juan, Puerto Rico damaged in hurricane. Settled during arbitration in Puerto Rico with no recovery against surety.
- Represented developer of multi-building office and residential complex for international oil companies in Angola, drafting construction contract and providing legal advice during construction. Represented developer in international arbitration proceeding and ultimately settled design and project administration disputes between developer client and project architect.
Other
- Represented general contractor in collection of change orders and extended general conditions, and defense of delay claims based on default of “directed subcontractors,” discovery of hidden site conditions (rock), and extensive punch list by Owner.
- Represented Owner against builder and window manufacturer for defective aluminum clad window in salt water environment.
- Represented contract purchaser against build-to-suit contractor for breach of contract due to failure to follow plans and specifications and delays.
- Represented contractor against claims by owner for defective flooring system.
- Represented contractor against claims by owner for defective window installation.
- Represent Owner against roofing contractor for defective re-roofing of cold storage facility.
