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Andrew Gay practices in and is the deputy chair of Gentry Locke’s Construction Industry practice group and serves as outside general counsel to his many construction clients. Andrew has experience with contract drafting, contract negotiations, payment disputes, lien and bond claims, performance disputes, licensure compliance, internal investigations, design defects, construction defects, and delay claims. As an active member in the local, state, and national bars, as well as the Virginia Transportation Construction Alliance, Andrew frequently writes and speaks on issues that impact the construction industry. Andrew has a bachelor’s degree in construction management, and also worked as an estimator, project manager, and in-house general counsel for real estate and construction businesses. His deep roots and first-hand experiences in the construction industry allow him to provide practical legal and business advice to all his clients.

In addition to his construction practice, Andrew also advises clients on an array of general business and real estate matters as well as residential and commercial landlord tenant issues. He is licensed to practice in Virginia and Florida.

  • Amazing and beautiful daughters
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  • Highest elevation skied
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  • Houses I have renovated
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  • What do you enjoy most about being a lawyer?

    My passion is to help the construction industry in every way. Whether my client is a laborer, ENR-ranked contractor, supplier, or project owner, I love helping my clients mitigate risk, solve problems, grow their business, and enabling each of them to be the best at their craft. I strive to be a top advocate for the industry and my clients.

  • What would you be doing if you weren’t a lawyer?

    I would still be working in the construction industry. My dream non-lawyer job is to be a custom home builder and developer in the Rockies (so I can ski when I am not working!).

  • What are some fun facts people may not know about you?

    I love great food. I was a music education major when I first started college. Nora, my oldest daughter, was born during winter storm Jonas.

Education

  • Liberty University School of Law, J.D.
  • Everglades University, B.S. in Construction Management

Experience

  • Represented top 50 ENR-ranked specialty trade subcontractor in bid protest for multi-million dollar subcontract on airport expansion project
  • Defended multiple national builders in construction defect lawsuits by owners associations
  • Represented multi-national satellite manufacturer in claims against the general contractor related to non-performance and delay
  • Assisted various road building contractors and subcontractors in preparing, submitted, presenting, and resolving claims on public and private projects
  • Defended waterproofing subcontractor on claims by top 50 ENR-ranked general contractor concerning construction defects on high-rise waterfront condominium
  • Assisted multiple general and subcontractors in preparation and enforcement of mechanic’s liens to secure payment for work performed
  • Represented subsidiary company in a dispute regarding owner’s claim for liquidated damages against the subsidiary. Obtained a favorable resolution for subsidiary without filing lawsuit
  • Conducted multiple internal investigations of alleged employment discrimination in the workplace, all of which resulted in dismissal of the action at either the administrative or court levels
  • Investigated and defended company from a civil penalty imposed by the Department of Labor, Mine Safety & Health Administration, which was concluded by the government’s vacation of the citations
  • Negotiated multiple construction contracts – design build contracts, joint-venture contracts, general contracts, subcontracts – for various road, bridge, industrial, and water/waste water projects
  • Assisted in matters relating to Disadvantaged Business Enterprise (DBE) Compliance
  • OSHA 30 Certified

Affiliations

  • Admitted to practice in Florida, Virginia, and the United States District Courts for the Western and Eastern Districts of Virginia
  • Virginia State Bar – Construction Law & Public Contracts Section
  • Lynchburg Bar Association
  • The Florida Bar – Real Property, Probate and Trust Law Section
  • American Bar Association – Forum on Construction Law
  • Board Member, Golf Committee Chair of the Rotary Club of Lynchburg-Morning
  • Vice Chair of the Associate Leadership Committee of the Virginia Transportation Construction Alliance
  • Member of the Political Action Committee and Legislative Council of the Virginia Transportation Construction Alliance

Speaking Engagements

  • Presenter, “Virginia Construction Update. What’s Keeping the Industry Up at Night?”, VTCA Winter Meeting (January 2024)
  • Presenter, “Virginia’s New Payment Laws Are In Play. What Does That Look Like?”, VTCA Winter Meeting (January 2023)
  • Presenter, “What You Need to Know About the New Construction Payment Laws,” Brown Edwards Construction Symposium (December 2022)
  • Presenter, “T-Minus 31 Days to the New Payment Laws. Here’s What You Should Know,” VTCA Hampton District Dialogue (November 2022)
  • Presenter, “What You Need to Know About the New Construction Payment Laws,” Gentry Locke Webinar (September 2022)
  • Presenter, “Virginia’s New Construction Payment Laws,” VTCA Annual Meeting (July 2022)
  • Presenter, “Changes to AIA Construction Contracts,” Gentry Locke and Brown Edwards Construction Seminar, Virtual (2020)
  • Presenter, “Risk Management,” AGC VA Project Manager Development Program (2020)
  • Presenter, Risk Management in Construction Contracts, Associated General Contractors (AGC) Young Construction Leaders (June 2018)
  • Presenter, From Project Manager To Attorney At Law: Things I Wish I Knew When I Managed Construction Projects, Brown Edwards’ 2017 Annual Central Virginia Construction Conference (November 2017)
  • Presenter, ESI Competence – A Rumsfeldian Approach to Ethical E-Discovery Old School, Meet New Tech – CLE Seminar (September 2017)
  • Presenter, Doing Business Together – Ten Things to Consider Before You Sign, Virginia Transportation Construction Alliance (VTCA) Annual Meeting (July 2017)
  • Presenter, Intricacies of Construction Schedules and Claims, Gentry Locke and Delta Consulting (June 2017)

Awards

  • Named a Lynchburg Business Top Lawyer in Construction Law (2020-2024)
  • Named an AV Preeminent Attorney – Judicial Edition (2023)
  • Named a Virginia Rising Star in Construction Litigation by Super Lawyers (2023)
  • CLSA Top Construction Lawyers
  • CLSA Associate Fellow

Published Work

  • Author, Beware the Duty to Defend Language in Contracts with Architects and Engineers, Gentry Locke (July 2022)
  • Author, Supreme Court of Florida Upholds the Frye Standard, Carlton Fields (November 2018)
  • Author, Fourth DCA Rules Ch. 558 Notice of Defect Can Constitute Commencement of Action, Carlton Fields (September 2018)
Andrew Gay Fullbody Photo
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