Adam M. Tuckman
Partner | McLean, VA
Adam Tuckman has a passion for his practice, a strong dedication to his clients, and a drive to succeed. His entire career has been devoted to counseling contractors, subcontractors, sureties and owners in all facets of risk analysis, dispute prevention and dispute resolution arising from construction projects.
Adam has the experience to provide legal counsel at every stage of a construction project. He has successfully and efficiently drafted and negotiated construction and consulting contracts, managed troubled projects, prepared and defended against claims, and resolved disputes in mediation and litigation. His construction practice is diverse and covers all types of specialized projects and delivery methods, varying from small scale commercial buildouts to billion-dollar public-private partnership projects. The subject matter of Adam’s cases are equally wide-ranging and include highways, bridges, tunnels, public transit systems and centers, major utilities, scientific research centers, and high-rise residential buildings. His knowledge base and experience of claims and disputes extend to, and beyond, performance and payment bond claims, extra work and change orders, construction delays, differing site conditions, design defects, acceleration, loss of efficiency, mechanic’s liens, insurance claims, indemnity actions, general breach of contract actions and appellate proceedings.
When litigation is necessary, Adam has obtained outstanding results for his clients, always guided by an interest in the client’s bottom line. For example, Adam was lead counsel for a client that won and recovered every dollar of its claim, with interest, at the summary judgment stage of a federal court case. He also was lead counsel for a contractor and surety that prevailed against a developer in a complex arbitration, winning the entire claim, plus interest, arbitration costs, and attorneys’ fees. He then successfully defended the arbitration award in federal court and on appeal to the U.S. Court of Appeals for the Fourth Circuit. Adam also was an integral part of trial team that won a high-profile, $16 million judgment in an indemnity action in Virginia federal district court. As part of his government contract practice, Adam successfully assisted a client avoid DCAA action and thereby preserve tens of millions of dollars in compensation received for the construction of several large-scale, international projects.
Adam also regularly lectures for clients and at industry conferences and events on a variety of topics, such as legal ethics, effective construction and bond claims resolution strategies, dispute avoidance, small business set-aside laws and regulations, design-build contracting and proving construction claims. Recently, Adam’s work was published in two widely read treatises on construction and surety law – Construction Disputes: Representing the Contractor (4th Ed.) and Managing and Litigating the Complex Surety Case (3d Ed.).
- Co-Author: Chapter 22, “Proving and Pricing Unabsorbed Home Office Overhead Claims,” in Construction Disputes: Representing the Contractor (4th Ed.), 2020
- Co-Author: Chapter 3, “Managing and Litigating the Complex Surety Case Against the Obligee,” in Managing and Litigating the Complex Surety Case (3d Ed.), 2018
- Co-Presenter: “Damages Without a Cause: Liquidated Damages Are A Penalty When Owners Recover Damages for Their Own Delay,” Northeast Surety & Fidelity Claims Conference, September 2019
- Co-Author & Co-Presenter: “A Closer Look at a Surety’s Right to Perform,” Northeast Surety & Fidelity Claims Conference, September 2018
- Co-Author & Co-Presenter: “Surety’s Obligations for Post-Completion Defect Claims,” Northeast Surety & Fidelity Claims Conference, September 2018
- Co-Author & Co-Presenter: “The Surety’s Unique Risks When Bonding Contracts Utilizing Alternative Delivery Methods,” Northeast Surety & Fidelity Claims Conference, September 2017
- Author & Co-Presenter: “Differing Site Conditions on Federal Design-Build Projects – A Discussion of Metcalf Construction, Inc. v. United States and its Progeny,” ABA Tort Trial & Insurance Practice Section, Fidelity & Surety Law Committee Mid-Winter Meeting, January 2017
- Co-Author & Co-Presenter: “Understanding Ethical Limitations on Attorney Behavior During Settlement Negotiations – Drawing the Line Between Posturing and Plundering,” Northeast Surety & Fidelity Claims Conference, September 2016
- Co-Author & Co-Presenter: “A Practical Approach to Understanding the Ethical Limits on Attorney Behavior in the Arena of Settlement Negotiations,” ABA Tort Trial & Insurance Practice Section, Fidelity & Surety Law Committee, January 2016
- Co-Author and Co-Presenter: “Offering and Striking Expert Witnesses in Indemnity Case,” Northeast Surety & Fidelity Claims Conference, September 2015
- Co-Author and Co-Presenter: “Striking the Balance Between Delays and Acceleration When Completing Defaulted Projects,” Northeast Surety & Fidelity Claims Conference, September 2014
- Co-author: “Contracting for Collaboration: Making the Ideal a Reality,” AACE International Annual Meeting, June 2014
- Co-presenter: “Legislative Review of Design Build in New Jersey,” AWWA, New Jersey Section, Annual Conference, March 2014
- Co-author: “A Practical Approach to Understanding the Ethical Limits on Attorney Behavior in the Arena of Settlement Negotiations, ABA Fidelity & Surety Law Committee Spring Meeting, May 2014
- Co-author and Co-presenter: “Adapting ADR to Meet the Demands of Modern Projects,” AACE International Annual Meeting, July 2013
- Co-presenter: “What’s Fair is Fair: Accountability in the Claims Process,” Associated Owners & Developers Conference, February 2013
- Co-author and Co-Presenter: “Claims Resolution Strategies on Troubled Projects,” ASCE Texas Section/CI and ICSDEC Fall 2012 Conference, November 2012.
- Co-author and Co-Presenter: “When an Owner’s Hard Line Claims Negotiations are also a Breach of Contract,” AACE International Annual Meeting, July 2012.
- Co-author: “Does the Government Always Enjoy a Home-Field Advantage When Its Contract and Claims Administration Is Called Into Question?” 22nd Annual Northeast Surety & Fidelity Claims Conference, September 2011.
- Author: “When Is a Small Business Contractor Really ‘Small’? An Overview of Improper Affiliations Under SBA Regulations,” CMAdvisor, July/August 2011.
- Co-Author: “Demystifying the Law of Lost Productivity Claims,” AACE International Annual Meeting, June 2010.
- Co-author: “What Sureties Need to Know About Concurrent Delay in a Default Termination Dispute,” 19th Annual Northeast Surety & Fidelity Claims Conference, September 2008.
- Co-author: “Demonstrating Leadership in the Claims Process,” Construction Management Association of America Spring Conference, Spring 2008.
Areas of Practice
- Government Contracts
- Arbitration & Litigation
- University of Maryland, Francis King Carey School of Law, J.D., 2007, cum laude
- University of Maryland, Robert H. Smith School of Business, B.S., Marketing, 2003
- New York
- New Jersey
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Second Circuit
- United States District Court for the Eastern District of Virginia
- United States District Court for the Western District of Virginia
- United States District Court for the District of New Jersey
- United States District Court for the District of Maryland