Overview

Wiley represents construction contractors, subcontractors, owners, developers, design professionals, and insurers in construction disputes, including before the Boards of Contract Appeals, in federal court, and in arbitrations (both domestic and international). This includes assisting contractors and design professionals in evaluating and preparing requests for equitable adjustments and claims, and helping owners evaluate and respond to such requests and claims. 

Wiley has extensive experience representing government contractors in all aspects of design and construction contracts, including assisting companies in the industry with navigating the extensive compliance requirements applicable to government contractors.  In addition to pre- and post-award protest counseling and litigation, we advise clients on labor compliance matters including Davis-Bacon Act issues and are adept in navigating government investigations, including false claims allegations of waste, fraud, and abuse. Our experience includes matters arising from U.S. government-sponsored international projects, including projects in Iraq, Afghanistan, and other countries.  Our deep bench of highly experienced government contracts attorneys routinely collaborate with numerous other Wiley practices, including Litigation, White Collar Defense & Government Investigations, Employment & Labor, and International Trade.

Drawing on this interdisciplinary expertise, we are uniquely positioned to assist with government contractors’ needs in a wide range of construction-related areas, including:

  • Representation in construction dispute matters in state and federal courts, including cases before the Boards of Contract Appeals
  • Representation in construction disputes in domestic and international arbitrations
  • Government contract pre- and post-award protest counseling and prosecution
  • Evaluation, preparation and prosecution of requests for equitable adjustments and claims involving a full range of issues, including delay, defective specifications, differing site conditions, and constructive changes
  • Sponsored claims and prime contractor/subcontractor disputes
  • Leasing disputes
  • Davis-Bacon counseling and investigations
  • False Claims Act investigations and disputes
  • Overseas and military construction matters
  • Compliance counseling
  • Small and emerging businesses

Representative Experience:

  • Represented a transit authority in its dispute with a developer, a design-build prime contractor, and the architect/engineer of record, filed in the U.S. District Court for the Eastern District of Virginia. The multiparty litigation involved numerous claims and counterclaims, including construction delay claims, constructive changes, liquidated damages, and professional negligence.
  • Represented an Afghani construction contractor on terminations for default issued by the U.S. Army Corps of Engineers on two Army base construction projects in Afghanistan. The matter was successfully settled, with termination payments made to our client.
  • Represented a large construction contractor with respect to claims made regarding a significant U.S. embassy project, including differing site conditions, delay, and changed conditions. Represented the contractor through a six-week hearing at the Civilian Board of Contract Appeals (CBCA).
  • Represented a major equipment manufacturer in claims against the prime contractor related to the manufacturing and installation of a dual-stage gas and steam generator in Kirkuk, Iraq. The case involved differing site conditions, compensable delays, and constructive changes. The matter was successfully mediated and settled.
  • Represented a subguard insurer of a prime construction contractor in the prosecution of over $25 million in claims at the CBCA arising from defective design and compensable delays on a federal courthouse project. The appeal was successfully settled with substantial payments to the prime contractor and the insurer.
  • Represented an international construction contractor at the CBCA in claims brought against USAID on a major road infrastructure project in Indonesia. This matter was successfully settled.
  • Represented a national construction firm in successfully defending a $300 million award against bid protests alleging an organizational conflict of interest (OCI) at the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit.
  • Provided advice to a Fortune 100 architecture and engineering company regarding OCI issues related to procurements with 25-30 state, local, and federal entities arising from purchase of a construction company.
  • Assisted an ARRA grant recipient with an internal audit of subcontractor compliance with the Davis-Bacon Act, and provided training as well as corrective action plans for subcontractors where the investigation revealed Davis-Bacon Act compliance issues.
  • Represented a mid-sized Arizona construction company in a successful bid protest for a building construction project for the Army Corps of Engineers.
  • Represented a mid-sized Massachusetts-based construction company in a successful GAO bid protest defense of an Army Corps of Engineers dredging contract.
  • Represented an American multinational company in parallel civil false claims and criminal investigation related to U.S. construction site. 

Contact Us

Christopher M. Mills
202.719.4740 | cmills@wiley.law

Samantha S. Lee
202.719.7551 | sslee@wiley.law

Tara L. Ward
202.719.7495 | tward@wiley.law

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