Robert-Barbour
Robert G. Barbour

Robert Barbour assists owners, contractors and sureties with troubled projects, solving complex construction, engineering and design-related issues without the need for formal dispute resolution whenever practical. In litigated matters, he has served as lead counsel on a wide variety of large and complicated construction disputes that were resolved in federal and state courts and in arbitration. Rob also has extensive experience in resolving disputes through the use of mediation and other alternative dispute resolution techniques. He has represented and worked with numerous ENR-Top 400 contractors and many of the country’s largest surety companies.

Rob’s practice includes all aspects of general contract litigation, with a focus on complex construction, government contracts and suretyship law. His broad range of experience includes work on matters involving the construction of roads, high rise developments, tunnels, state and federal courthouses, wastewater treatment facilities, public housing projects, airports, professional sports stadiums, locks and dams, oil refineries, military facilities and numerous other heavy construction projects. Rob has successfully handled matters for clients across the country involving default terminations, engineering and design defects, construction defects, and claims involving changes, differing site conditions, delay and acceleration and lost productivity. Rob is also an authority on suretyship and routinely advises clients on issues involving performance bond claims, surety takeover and tender agreements, extra-contractual claims, subrogation and indemnity rights.

 

  1. General Information

    Education

    • College of William & Mary, J.D., 1993
    • University of Virginia, B.S., 1990, Systems Engineering

    Bar Admissions

    • Virginia

    Court Admissions

    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the 4th Circuit
    • U.S. Court of Federal Claims
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia
  2. Representative Engagements

    Judgments and Awards

    • Obtained an $8.6 million AAA award as lead counsel for a contractor and its surety in connection with construction disputes on a project to construct a high-tech research facility in California, also defeating the owner’s claims against the surety’s performance bond.
    • Obtained summary judgment in federal court as co-lead counsel for a surety dismissing a $25 million performance bond claim in connection with construction disputes and a default termination on a project to construct a Major League Baseball stadium in the Western District of Pennsylvania.
    • Obtained summary judgment in state court as lead counsel for a surety dismissing $17 million in performance bond claims in connection with construction disputes and a default termination on a project to construct a sanitary sewer tunnel in Cuyahoga County, Ohio.
    • Successfully protested as co-lead counsel for the protestor of the award of a multi-million dollar contract for comprehensive medical adjudication services for a government contractor before the General Accountability Office.
    • Obtained an AAA Arbitration award as lead counsel for a specialty contractor in connection with construction disputes on a boiler replacement project at a major university in the District of Columbia.
    • Obtained summary judgment at the United States Court of Federal Claims as lead counsel for a surety in connection with affirmative claims against the Government on a project to repair sector gates for a lock and dam in Massachusetts, and successfully handled the resulting appeal at the United States Court of Appeals for the Federal Circuit.
    • Obtained a $3 million award in state court as co-lead counsel for a government contractor in a dispute involving the misappropriation of trade secrets in St. John’s County, Florida.
    • Successfully represented the awardee as co-lead counsel before the General Accountability Office in a bid protest involving a best value procurement by the Army Corps of Engineers for a multi-million dollar lock and dam project in Pennsylvania.

    Mediated and Negotiated Settlements

    • Successfully mediated settlement of a dispute in excess of $1.5 million with a general contractor on behalf of a specialty trade contractor on a large glass and glazing contract in the District of Columbia. Also successfully settled claims in excess of $800,000 brought by a foreign material supplier in connection with the same project
    • Successfully mediated settlement of a dispute in excess of $18 million with a commercial developer on behalf of a surety involving a claim for bad faith surety claims handling in connection with a large excavation project in New Jersey.
    • Successfully negotiated settlement of a dispute in excess of $14 million with an owner on behalf of a surety involving a performance bond claim on a project to refurbish a cement manufacturing plant in South Carolina.
    • Successfully mediated settlement of claims in excess of $4.8 million with the United States Coast Guard on behalf of a contractor on a project to construct a fuel farm and related facilities at a Coast Guard Air Station in Florida.
    • Successfully negotiated settlement of claims in excess of $4 million with an Architect on behalf of a contractor on a project to renovate a Federal Court house in Wisconsin.
    • Successfully mediated settlement of claims in excess of $1 million against a contractor on behalf of a specialty trade contractor on a project to construct roads at a United States Army facility in New York.
    • Successfully negotiated settlement of claims in excess of $1 million against a public owner on behalf of a surety on a project to renovate a public housing facility in Alabama.
    • Successfully negotiated settlement of claims in excess of $1 million against a public sanitation authority on behalf of a contractor on a project to construct a sewer pump station and related facilities in Virginia.
    • Successfully negotiated settlement of claims potentially in excess of $10 million stemming from a default termination against a city and its Department of Environmental Protection on behalf of a surety on a project to construct a combined sewer overflow facility in New York.
  3. Memberships & Affiliations
    • American Bar Association
      • Forum on the Construction Industry
      • Litigation Section
      • Public Contract Law Section
      • Litigation Section
    • Virginia State Bar
      • Construction and Public Contracts Section
      • Litigation Section
    • National Bond Claims Association
    • National Utility Contractors Association – DC Chapter
  4. Publications and Presentations
    • Speaker: “Settlements: The End or Just Another Beginning?” American Bar Association, Litigation Section, August 2011.
    • Co-Author: “Latent Defects in Federal Construction Projects – How Government and Contractor Can Optimize Their Positions,” Contract Management, August 1998.
    • Co-Author: “Construction Contracts & The United Nations Convention on the International Sale of Goods,” Construction Briefings No.98-9, Federal Publications, August 1998.