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Experience

Brett is a Construction Law attorney with wide-ranging experience in contract negotiations and preparation, payment disputes, mechanic's liens, bond claims, construction defects, delay claims, insurance, and OSHA matters. He handles significant construction matters in federal and state courts, arbitration, and mediation for general contractors, subcontractors, owners, design professionals, and suppliers.

• Represented structural steel subcontractor in claims, payment, and insurance dispute related to construction of $800 million hotel/convention center project
• Represented commercial subcontractor against national contractor in litigation and mediation for payment, change order, and claim issues on $45 million stadium project, in federal court
• Represented owner of municipal wastewater treatment facility in successful action against national general contractor and national engineering firm for design and construction problems, successfully resolving both in mediation
• Represented national contractor in prosecution of a liquidated damages/delay claim against concrete subcontractor, and defense of multi-million dollar counterclaim for alleged delays. Successfully resolved in mediation
• Obtained summary judgment in federal court for commercial masonry contractor against national construction manager seeking to recover for costs of repairing allegedly defective masonry work on hospital
• Obtained a directed verdict at state court trial for general contractor in suit brought by masonry subcontractor seeking additional payments on alleged oral subcontract agreement
• Represented developer of residential apartments for university students in defending and resolving approximately 15 mechanic's liens filed against property, totalling approximately $1.5 million
• Represented international engineering firm in litigation and resolution of dispute over a EPC/design-build project for a $40 million power plant, including design, site conditions, delay claim, contract interpretation, and surety issues
• Represented general contractor in multi-million dollar mechanic's lien and payment dispute related to hotel construction project
• Represented highway/bridge contractor in connection with bid-protest filed by competitor on VDOT project
• Represented highway/bridge contractor in filing protest with federal government agency on project to work on Blue Ridge Parkway
• Represented owner in preparation of package of bid and contract documents for renovation of regional educational facility
• Represented engineering firm in defense of multi-million dollar claims by project developer alleging defective site design and geotechnical errors
• Prepared documents for general contractor for submission as unsolicited proposal under Virginia's PPEA (Public Private Educational Facilities Act)
• Represented commercial subcontractor in analyzing and negotiating subcontract for work on multi-million dollar museum project
• Represented in litigation a national general contractor in defense of a claim regarding installation of allegedly defective exterior cladding on new hospital facility
• Represented commercial contractor in filing mechanic's liens for over $1 million on condominium project for work performed under a cost-plus contract
• Represented HVAC subcontractor in asserting and prosecuting claims against general contractor's payment bond on a government project, relating to delay claims and outstanding payments owed
• Represented governmental owner in negotiating a takeover agreement with general contractor's surety on new building on which construction was far behind schedule
• Representing manufacturing client in defense of alleged Willful OSHA violations arising out of workplace fatality
• Represented engineering firm in defense of alleged Willful OSHA violations arising out of construction site shoring failure
• Represented numerous general contractors, subcontractors, and general industry businesses in defense of OSHA citations, including Willful, Repeat, and Serious Violations
• Represented employer/general contractor in defending, through trial, multiple OSHA citations, including alleged trenching violations
• Successfully defended business owner in day-long hearing before Fire Code Board of Appeals for alleged fire code violations relating to building classification and egress from building

Education

• George Mason University School of Law: J.D. with distinction, 1993
• University of Virginia: B.A. 1990