Robert Fitzgerald
Robert M. Fitzgerald

Robert Fitzgerald was highlighted as ‘a trustworthy choice for really complex, major litigation.’ He handles a busy national and international arbitration, litigation and contracting practice relating to infrastructure, transport and power projects. – 2007 Chambers USA Guide to America’s Leading Business Lawyers

For over three decades, Bob Fitzgerald has been engaged in a construction contract legal practice focusing primarily on the preparation and negotiation of prime and subcontract documents along with the resolution of claims for additional time and money under both public and private construction contracts. His practice is international in scope and has provided him with the opportunity to work with both the private construction industry and federal, state and local government entities engaged in public construction contracting.

His various legal credentials include the unique, practical experience of residing for a full year on a construction jobsite while analyzing and preparing major claim proposals. In addition, he has defended against and prepared claim analyses under a variety of foreign, domestic, government and private contract terms and conditions. He also has helped to resolve contract disputes as legal counsel for the owner, contractor, architect and subcontractor in every conceivable forum including Federal Courts, Federal and State Board of Contract Appeals and countless forms of arbitration, mediation and alternative dispute resolution.

While Bob has been retained to represent contractors in virtually all areas of the construction industry, he has developed a particular expertise in heavy construction contract disputes relating to dams, canals, power plants, water and sewage treatment plants, and machine mined tunnels. As a result of this expertise, he has successfully resolved complex disputes arising out of construction of deep water tunnels in Chicago, Milwaukee and Boston, while also representing a number of contractors performing construction on the Washington, Atlanta, Los Angeles, Puerto Rico, and Miami subway systems.

Bob has been honored with membership in The Moles, the highest peer rating given by Martindale-Hubbell and selection as a leading U.S. construction attorney by Chambers and Partners.

  1. General Information


    • Dispute Resolution Board Foundation Administration & Practice Workshop
    • College of William & Mary, J.D., 1975
    • Order of the Coif
    • Articles Editor, William & Mary Law Review, 1974-1975
    • College of William & Mary, B.A., 1969

    Bar Admissions

    • District of Columbia
    • Virginia
    • New York

    Court Admissions

    • U.S. Court of Appeals for the 4th Circuit
    • U.S. Court of Appeals for the 11th Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court for the Eastern District of Wisconsin
    • U.S. Court of Appeals for the District of Columbia
    • U.S. District Court for the Eastern District of Virginia
    • U.S. Court of Federal Claims
  2. Honors
    • Best Lawyers in America, Washington DC Construction Litigation Lawyer of the Year – 2014
    • Best Lawyers in America, Construction Law and Construction Litigation Categories – 2005-2014
    • Super Lawyers Corporate Counsel Edition – 2010
    • Washington DC’s Best Lawyers, Construction Law and Litigation Category – 2013
    • Virginia Best Lawyers, Construction Law and Litigation Category – 2013
    • Chambers USA – list of Top Construction Lawyers in Virginia – 2003-2007, 2009-2012
    • D.C. Super Lawyers – 2007-2015
    • International Who’s Who of Business Lawyers – 2007, 2009
    • International Who’s Who of Construction Lawyers – 2007, 2010, 2011
    • Legal 500 United States – 2007-2010, 2012
    • Virginia Super Lawyers – 2006-2015
  3. Military
    • Captain – United States Marine Corps – 1969 – 1975.
    • Construction Group Advisory Board: Construction Contractor and Federal Publications, Inc.
    • Editor: Construction Claims Online
    • Author: “Americans With Disabilities Act: Construction Industry Considerations,” Construction Briefings, July 2003.
    • Speaker: “Just When You Thought It Couldn’t Get Any Worse! The Absence Of Standing On A Government Claim,” presented to the Boards of Contract Appeals Judges Association, April 9, 2003.
    • Author: “Ambiguities In Contract Documents,” Construction Briefings, 2002.
    • Author: “Procurement Disputes at the State and Local Level: A Look for Fairness Among the Hodgepodge of Available Remedies,” Public Contract Law Journal, Winter, 1996.
    • Author: “Ambiguities In Contract Documents,” Construction Briefings, No. 2002-12, 2000.
    • Frequent speaker for such organizations as Federal Publications, Inc., Andrews Conference’s, Construction Super Conference, the American Bar Association, NBI, Lorman, the Maryland Institute for Continuing Education of Lawyers (MICPEL), Georgetown University, the Maryland Highway Contractors Association, and the Boards of Contract Appeals Judges Association. Also served as an instructor in contract law for the University of Maryland’s Civil Engineering School and Construction Management Program.
  4. Memberships & Affiliations
    • American Bar Association
      • Public Contract Law Section
    • District of Columbia Bar
    • Fairfax County Bar Association
    • The Moles
    • Virginia State Bar


  5. Publications and Presentations
    • Speaker:  Annual Speech at Underground Construction Risk Management Conference
    • Speaker: Annual Speech at Tunneling Short Course
    • Speaker: Numerous in-house seminars for major Infrastructure Contractors