Fullerton & Knowles Construction Law, attorneys, lawyers, law firm

Attorneys and Counselors at Law in Virginia, Maryland, Pennsylvania and the District of Columbia
Martindale Hubbell Peer Rated AV® Preeminent™ Law Firm

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At Fullerton & Knowles, P.C., our public contract attorneys handle a broad range of disputes, issues and claims related to or arising out of local, state and federal government public works and other government procurement and purchase contracts, from disputes during the bidding process to surety issues under State Law and the Miller Act, bond claims, as well as contract and prompt payment disputes.

We advise and protect the rights of governmental owners, banks and other lenders, contractors, subcontractors, design professionals and suppliers regarding the following issues:

  • Public Construction Law
  • Public Works
  • Competitive bidding, bid protests and litigation and writs on bid protests
  • Filing or intervening in federal and state bid protests
  • Bid responsiveness, bid irregularities, bidder qualification, and bidder responsibility
  • Bid mistakes
  • Bid withdrawals
  • Bid preferences, DBE, SBE, LBE, DVBE, WBE, small business and local hiring ordinances, requirements, and preferences for local, small and disabled veteran businesses
  • Small business and local business entity mandates and preferences
  • Disadvantaged Business Enterprises
  • Joint Ventures
  • Mentor protégé agreements
  • Small Business Administration (SBA) 8(a) Program
  • Small Business Administration (SBA) Small Disadvantaged Business Program
  • Local hiring requirements
  • Escrow agreements
  • Contractor prequalification and responsibility, and due process rights to a hearing
  • Prevailing wage requirements and disputes
  • Enforcing subcontractor bids
  • Subcontract substitutions and the Fair Practices Act
  • Value engineering
  • Bid bonds
  • Payment bonds
  • Performance bonds
  • Obligee and obligor representation
  • Default termination
  • Bad faith claims
  • Takeover arrangements
  • Completion agreements
  • Monitoring of tender arrangements
  • Indemnity disputes
  • Work-out agreements
  • Miller Act bond claims
  • Government Code claims
  • Contract Disputes Act
  • Government investigations and audits
  • Claims for equitable adjustment, constructive changes, acceleration, delay and disruption
  • Suspension and Debarment Proceedings
  • Design professional liability and defense
  • Defective plans and specifications
  • Interference with contract claims
  • Failure of public agency to disclose unforeseen building or site conditions, or fraud
  • Delay claims and no damage for delay clauses
  • Eichleay formula home office overhead claims
  • Critical path method presentation of delay claims
  • Extra work claims and force account claims
  • Unforeseen conditions or differing site conditions disputes and claims
  • Subcontractor terminations and subcontractor substitutions
  • Subcontractor disputes, sponsored claims and pass-through claims
  • Prompt Payment Act disputes and collection cases
  • Liquidated damages, consequential damages, lost profits
  • Termination of the contract for cause and termination for convenience
  • Wrongful termination
  • Debarment proceedings
  • False Claims Act
  • Public Records Act and U.S. Freedom of Information Act
  • Construction Litigation
  • Dispute review boards
  • Alternative Dispute Resolution
  • Construction Workouts
  • Surety Takeover Agreements
  • Construction Claims
  • Construction Contracts
  • Mediation, arbitration, trials and appeals

Construction contractors must make sure that all bids comply with the complete request for proposal package. How do you respond to incomplete information or conflicts in bid packages? When is a bid protest a worthwhile use of time and resources? How do you effectively use protest procedures to preserve your rights, while also preserving relationships with governmental owners?

Public projects often require or promote disadvantaged business participation. Disadvantaged business enterprises often lack the experience or financial strength of more traditional players. Contractors and suppliers must be creative and flexible to capture public work and increase minority participation, while minimizing the chance of default and avoiding insolvency issues. Fullerton & Knowles, P.C. can assist clients with mentor-protégé relationships, Small Business Administration (SBA) 8(a) Programs, similar private programs, joint ventures and teaming arrangements. It is important that arrangements will be recognized as legitimate disadvantaged business participation, but still provide the security necessary for manufacturers and suppliers to supply materials at their best pricing. Our work on behalf of small businesses includes Small Business Administration programs such as the 8(a) Program.

How can your company bid a project without knowing whether a project is bonded? When can you be confident that a project is bonded? How do you obtain a copy of the bond? What information do you need to collect to determine whether your company is secured? Who is protected under a bond and how do you preserve rights? Can you ever recover your costs of collection under a bond? Can you accidentally waive your rights in your contract or in progress payment waivers? How do you motivate a surety company to promptly pay claims? Fullerton & Knowles, P.C. has extensive experience in the federal Miller Act, state Little Miller Acts and Private Bonds.

We offer over 30 years of experience as construction lawyers to contractors, subcontractors, suppliers and local government districts and public agencies throughout Virginia, Maryland, Pennsylvania and the District of Columbia handling a wide range of claims arising under public works and other contracts with local, state, and federal government.

We represent clients in court in claims hearings, mediation, arbitration, dispute boards and in all actions involving Local, State, and Federal public works and all other government projects and contracts. When you are involved in an issue or dispute regarding a public works contract, or other government contract such as a supply contract, purchasing contract, or services contract or government procurement decision, whether the contract is for a local, state or federal government agency, you want an attorney with experience, one with a comprehensive understanding of the law and the issues involved, one who has successfully helped others in similar situations over the years. We assist clients regularly throughout Virginia, Maryland, Pennsylvania and the District of Columbia and frequently in Arlington, Alexandria, Fairfax County, Loudoun County, Prince William County, Henrico County, Chesterfield County, Richmond, Newport News, Hampton, Norfolk, Virginia Beach and Chesapeake in Virginia; Montgomery County, Prince George County, Anne Arundel County, Howard County, the City of Baltimore and the County of Baltimore in Maryland.

Multi-party lawsuits are common in this type of practice. They require a high degree of organization, cost-effective document management, and resources to staff and effectively represent our clients. We have a select, qualified group of experts with whom we work closely.

The complex contractual relationships of the parties often calls for analysis of insurance coverage, additional insured requirements and endorsements as well as construction contract language. We often participate in alternative dispute resolution including mediation, arbitration and settlement negotiations in those cases where appropriate. No matter the client, we are always focused on an end result that will most appropriately position our clients for a successful and cost-effective resolution.

 

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