Ned is considered an expert at construction contract dispute avoidance and resolution. He was recently recognized by his peers for inclusion in Best Lawyers in America in the practice area of Construction Litigation for 2016 and 2017. His clients have come to appreciate his “hands on” approach, as well as his understanding of the importance of cost benefit analysis at every stage of a dispute.
Ned’s contracts practice focuses on the resolution of complex contract disputes under federal procurement, state public works, and standard form AIA contracts. Ned represents owners, contractors, subcontractors and A/E firms building United States embassies, all types of military installations, power plants, highways, bridges, and all manner of commercial buildings worldwide. Ned’s most recent international experience includes successfully representing a Korean conglomerate building a U.S. military installation and a U.S. contractor building an embassy in Kazakhstan. Ned has negotiated, drafted, and litigated construction contracts of every type and level both locally and on a worldwide basis. Ned’s practice also includes bid protests and commercial contract business disputes.
Ned has substantial education, experience and expertise litigating contract disputes at every available forum. Ned is a strong believer in fact based early resolution of disputes through mediation. He has found that obtaining and conveying decisional quality information allows parties to achieve the desired and correct result in much less time than conventional approaches. In construction litigation, legal fees are often related to the duration of the dispute. The longer it goes the more expensive it becomes. Ned prides himself on cost effective dispute resolution. He lectures frequently on topics vital to the construction industry.
- General Information
- George Washington University Law School, J.D., 1988, cum laude
- Tulane University, B.A., 1984, cum laude
- U.S. Court of Federal Claims
- U.S Court of Appeals for the Federal Circuit
- Federal Board of Contract Appeals
- Best Lawyers in America, Construction Litigation Law – 2015 -2018
- Memberships & Affiliations
- American Bar Association
- Public Contract Law Section
- Litigation Section
- Virginia State Bar
- Construction Section
- Litigation Section
- American Bar Association
- Publications and Presentations
- Speaker: “Introduction to Construction Law and Contracting in the United States,” Seoul, Korea, June 2017
- Speaker: “Advanced Construction Law and Contracting in the United States,” Seoul Korea, June 2017
- Speaker: ” Knowledge IS Power — Vital Risk Mitigation Strategies,” CURT National Conference, Tucson, Arizona, November 2013.
- Speaker: ” Who Stole My Copper Downspouts? Predicting and Controlling Future Volatility in the Cost of Construction Materials ,” AOD Annual Conference, Arlington, Virginia, February 2013.
- Speaker: ” The States of Disputes Resolution in the Construction Industry: Faster, Stronger, Smarter ,” CURT National Conference, Orlando, Florida, November 2012.
- Speaker: “Important and Potentially Surprising Issues for the Construction Professional in the Former Soviet Bloc,” CURT National Conference, Chandler, Arizona, November 2011.
- Speaker: “How to Avoid Legal Pitfalls on Projects – What Construction Managers Need to Know,” CURT National Conference, Orlando, Florida, November 2009.
- Speaker: “Contract Administration Techniques in An Uncertain Economy,” NPRA Conference, Fort Worth, Texas, May 2009.
- Author: “Material Price Escalation: A Modest Proposal for Avoiding Litigation,” Modern Contractor Solutions, May 2009.
- Author: “ConsensusDocs 300: A Collaborative Approach to Project Design and Construction,” The Voice, March 2009.
- Author: “Litigation Woes For Green Building,” The Voice, Fall 2008.
- Speaker: “ConsensusDOCS 300 – Multi-Party Collaborative Agreement: The Finer Details,” CURT National Conference, Palm Springs, California, November 2008.
- Speaker: “Successful Collaborative Agreements and the Projects That Worked,” CURT National Conference, Naples, Florida, November 2007.
- Speaker: ” Emerging Contracting Strategies for Owners ,” CURT National Conference, June 2007.
- Speaker: “Material Price Escalation: A Modest Proposal,” AGC of American Conference, Dallas, Texas, 2007.
- Speaker: “Building Value by Diversifying Contract Strategies; Unique Approaches for Owners,” CURT National Conference, Construction Users Roundtable, Tucson, Arizona, November 2006.
- Speaker: “The Fundamentals of Construction Contracts: Understanding the Issues,” continuing education seminar, Arlington, Virginia, September 2004, September 2005, September 2006, Lorman Education Services.
- Speaker: “Virginia Construction Law: What Do you Do When…?” October 2003.
- Strategic Information Source: Construction Company Strategist December 2000.
- Commentator: “Proper Notice Under the Differing Site Conditions Clause,” Construction Company Strategist, June 1998.
- Author: “The Shop Drawing Submittal Process,” Construction Briefings, August 1996.
- Commentator: “Avoid Payment Disputes When Shop Drawings Deviate from Contract Drawings,” Construction Company Strategist, December 1996.