Shelly Ewald
Shelly L. Ewald

“Partner Shelly Ewald is singled out by clients as ‘an excellent advocate for her construction clients’, and for having ‘a penchant for winning very favorable verdicts and judgments, even when the fact situation may not appear the most favorable at first’.” – Legal 500 US 2009

Shelly Ewald’s practice focuses on international and domestic construction contracting and federal government contracts. She has represented contractors and owners on a range of industrial and commercial projects including power plants, hydrocarbon projects, petrochemical refineries, mass transit systems, historic renovation projects, and commercial office buildings. She has also represented government contractors in the construction, information technology services and telecommunications industry.

Shelly has extensive experience in the power industry and has been involved as advice and litigation/arbitration counsel on more than twenty domestic and international power plant projects, including nuclear, coal, petroleum coke, and gas-fired combined cycle units. She served as a Project Attorney for an international joint venture performing engineering and procurement for two coal-fired power plants in China, participating in performance of the contracts and ultimately representing the joint venture in AAA arbitration. She has also represented clients in international arbitrations, including ICC arbitration and arbitration before the Republic of China Arbitration Association. In the domestic power arena, she has represented EPC contractors and owners on numerous power plant projects in various stages of the dispute resolution process, from informal ADR procedures to mediation, arbitration and litigation.

In addition, Shelly is engaged in a federal government contracts practice which includes pursuing and defending bid protests, advising clients on regulatory compliance issues, preparing claims and prosecuting appeals involving information technology and telecommunication services, transit projects, contracts for construction, and real estate. She has also represented protesters in connection with state and local procurement disputes, including contract awards by the Metropolitan Washington Airports Authority.

  1. General Information

    Education

    • George Washington University Law School, J.D., 1990, with honors
    • University of Nebraska, B.A., 1987

    Bar Admissions

    • Virginia

    Court Admissions

    • U.S. District Court, Eastern District of Virginia
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. District Court, District of Colorado
    • U.S. Court of Federal Claims
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the D.C. Circuit
  2. Honors
    • Best Lawyers in America, Construction Law (Construction Disputes, Government Contracts) and Construction Litigation Categories – 2008-2014
    • Best Lawyers in Washington, DC, Construction Law Category – 2008-2012
    • Legal 500 United States – 2007, 2009, 2012
  3. Recent Engagements & Published Decisions
    • 2016:  Successfully represented Protester at the GAO on telecommunication circuit award from Germany to Afghanistan.
    • 2012 to 2015:  Lead Counsel representing construction contractor in $1.5 Billion lawsuit in connection with Vogtle Units 3 and 4, the first nuclear generating units to be licensed by the NRC pursuant to the revised regulations for Combined Operating Licenses.
    • 2015:  Successfully represented awardee in hearing to adjudicate protest of toll operations award by the Central Florida Expressway.
    • In 2012, successfully represented an EPC Contractor on delay claims arising from the construction of the John W. Turk 600 MW ultra-supercritical power plant.
    • In 2012, successfully represented an EPC contractor on claims related to the design and construction of a $6 billion Olefins Recovery Facility in Singapore.
    • In 2010-2011, successfully represented an EPC Contractor in two arbitrations relating to the construction of a 600 MW petroleum coke-fired CFB Project in Louisiana.
    • In 2009, represented a general contractor in a dispute with a condominium developer in a federal district court trial. The case was resolved through mediation while on appeal.
    • In 2008, successfully represented the Balance of Plant Architect/ Engineer on the Lungmen Nuclear project in Taiwan, presenting claims to an international tribunal of the Republic of China Arbitration Association (ROCAA). The ROCAA awarded the A/E $27 million, including attorneys’ fees and costs.
    • In 2008, successfully represented the Maintenance and Modifications Construction Contract in ADR proceedings related to the restart of Unit One at TVA’s Browns Ferry nuclear plant.
    • In 2006, successfully represented an EPC Contractor in AAA arbitration of claims relating to the construction of a merchant power plant in Arizona, defeating the Owner’s claims for liquidated damages and receiving an award for $37.3 million.
    • In 2006, successfully represented an information services company protesting the awards of the ITES-2S procurement; a 9 year information services contract with a ceiling of $20 Billion, in which the GAO sustained the Protest and the Government agreed to award a contract to her client.
    • In 2006, successfully represented a construction company in a protest before the GAO involving a multi-million dollar contract for the renovation of a Marine Corps Barracks, obtaining an agreement from the Corps of Engineers to perform corrective action and re-solicit the contract.
    • In 2005, successfully represented an EPC Contractor in AAA arbitration of claims relating to the construction of a merchant power plant in Michigan, defeating the Owner’s claims for liquidated damages for delay in their entirety and receiving an award for $35.8 Million.
    • In 2005, successfully represented an international communications and information services company at a hearing in the protest of the ten-year, billion dollar Treasury Communications Enterprise procurement; Northrop Grumman et al., B-295526, 2005 CPD ¶ 45.
  4. Memberships & Affiliations
    • American College of Construction Lawyers, Fellow
    • American Bar Association
    • International Bar Association
    • Institute for Transnational Arbitration
    • Board of Contract Appeals Bar Association
      • Member, Board of Governors (2008)
    • ACCL, Member Board of Governors, 2016-2018
  5. Publications and Presentations
    • Panelist, Design Build/EPC Contracts:  EPC Claims Clauses and Court Decisions, International Bar Association, International Construction Projects Committee, September 19, 2016, Washington DC
    • Speaker, Plenary 1, Has Arbitration Fulfilled its Promise?, ABA Forum on the Construction Industry, ADR Summit, October 8-9, 2015.
    • Presenter, GCILA/FNTP “Global Construction Contracts and PPP in Their Infancy, The North American Situation,” Paris, May 2014.
    • Moderator, Board of Contract Appeals Bar Association, Government Contracts Trial Practice Seminar, 2008-2014.
    • Panelist, “Trends in Construction Claims and Disputes,” Construction Superconference, December 2013.
    • Presenter, International Arbitration Developments: “International Bar Association Guidelines on Party Representation in International Arbitration,” Munich, September 2013.
    • Author: “Contractors’ Past Performance Ratings Process Standardized, Not Revolutionized,” Watt Tieder Newsletter, Fall 2013.
    • Co-Author: “Agency’s Lack of Jurisdiction over Task Order Bid Protest Does not Derail Later Protest at the GAO,” Virginia State Bar, Construction Law and Public Contracts Section Newsletter, May 2013.
    • Author: “Ad Hoc Arbitrations: Selection of Applicable Rules and Guidelines for Interviewing Prospective Arbitrators,” Watt Tieder Newsletter, February 2013.
    • Panelist, “Legal, Expert or Lay Opinion Witness?” Construction Superconference December 2012.
    • Panelist, “Dispute Review Boards as Project Facilitators,” ABA Spring Conference April 2012.
    • Panelist, “ICDR/AAA International Construction ADR Tools & Techniques,” 8 th Annual American Arbitration Association Miami International Arbitration Conference, March 2010.
    • Panelist, “AAA/ICDR and the International Construction Project,” 2009 AAA Construction Conference: Maximizing ADR Advocacy for Today’s Economy, November 2009.
    • Co-Author: “Liquidated Damages and The Freedom To Contract,” Journal of the American College of Construction Lawyers, Vol. 1 (Winter 2007).
    • Speaker: “Proving Construction Damages,” Federal Publications Seminars, March and June 2006.
    • Panelist: “Recent Developments in Federal and State Arbitral Law,” The Contractor and Construction Manager Issues SuperConference, December 2005.
    • Co-Author: “Contesting and Defending Liquidated Damages Provisions,” Construction Briefings, May 2005.
    • Speaker: “The Fundamentals of Construction Contracts – Understanding the Issues,” Lorman Education Services, December 2004.
    • Author: “Performance Bond Sureties Released From Bond Obligations Due to Owners’ Failure to Provide Required Notices of Default,” From the Ground Up, Summer 2004.
    • Speaker: “Designing, Developing, Financing, Constructing and Operating International Infrastructure Projects,” May 2003, Second Global Project SuperConference.
    • Speaker: “Public Contract Code and Competitive Public Bidding in the District of Columbia,” Lorman Education Services, December 2002.
    • Speaker: “Proving Construction Damages,” Federal Publications, May 2001.
    • Author: “Bid Protest Options — Where Should I File My Protest?” From the Ground Up, Spring 1998.
  6. Teaching Experience
    • Adjunct Professor: “International Commercial Arbitration,” George Mason University School of Law, 2010-2014.
    • Coach: Vis International Moot Court Competition, George Mason University School of Law Vis Team, 2011-2014 (Coached Top 16 Finalist Team at Vis East in Vienna 2012 and 2013).
    • Visiting Lecturer: “Government Contracts Seminar,” George Washington University School of Law, 1997-2014.
    • Adjunct Professor: George Washington University School of Law, 1995-96.
    • Visiting Lecturer: “Government Contracts Law,” Marshall-Wythe School of Law, College of William & Mary.
    • Visiting Lecturer: “Government Contracts Law,” Robert H. Smith School of Business, University of Maryland, March 2006.