Matthew D. Baker

PARTNER | MCLEAN, VA
(703) 749-1000

Matt Baker is a partner in Watt Tieder’s McLean, Virginia office concentrating his practice in the areas of surety, construction and government contracts. Matt has assisted clients with disputes arising from a wide range of vertical and horizontal construction projects including transit and light rail, highway and utility projects, marine construction, airports, buildings, embassies and schools. Matt has further represented clients in connection with a variety of matters including payment disputes, changes clause claims, design defects, delay claims, False Claims Act (“FCA”) litigation and indemnity claims.

Building on his experience helping clients navigate litigation, Matt also advises clients on the drafting / negotiation of contracts, risk management, handling claims, and investigating accidents / occurrences.

Matt is also a frequent speaker, panelist, and author on topics involving the intersection of the law and the construction and surety industries.

Virginia State Bar

  • Construction Law and Public Contracts Section

Publications

  • Co-Author, “Analysis of Scollick Memorandum Opinion,” Surety Bond Quarterly (2022).
  • Co-Author, “Court Dismisses FCA Claims Against Miller Act Surety Defendants For Alleged Failure to Detect and Report Procurement Fraud,” Building Solutions (Summer 2022).
  • Co-Author, “Progress is Best Measured One ‘Half-Step’ At A Time,” AACE International Technical Paper, CDR-3870 (2022).
  • Co-Author, “’Concurrent Events’ and Other Scheduling Issues in the News,” AACE International Technical Paper, CDR-3732 (2021).
  • Co-Author, “‘Siri Told Me So’: Expert Witness Testimony at the Dawning of the Age of Artificial Intelligence,” (forthcoming 2020).
  • Author, “Leaning-In: Highlights of Virginia’s Mechanic’s Lien Law,” Building Solutions (Winter 2020).
  • Co-Author, “Preserving Concurrent Delay As A Defense Against The Assessment of Liquidated Damages,” 30th Annual Northeast Surety and Fidelity Claims Conference (2019).
  • Co-Author, “Damages Without A Cause: Liquidated Damages Are A Penalty When Owners Recover Damages for Their Own Delay,” (2019).
  • Co-Author, “Trading On Uncertainty: Legal Strategies for Addressing Tariff-Driven Material Cost Escalation,” Building Solutions (Summer 2018).

Presentations

  • Speaker, “Contract Negotiation and Philosophy of Risk Shifting,” ABA Forum on Construction Law Regional Meeting, Washington, D.C. (2022).
  • Speaker, “Underwriting Small Disadvantaged Contractors: The Implications of Scollick ex rel. United States v. Narula et al. , National Association of Surety Bond Producers, Webinar (2022).
  • Speaker, “Promoting Safety Without Inviting Liability,” CMAA Annual Conference, San Diego, CA, (2022 ).
  • Speaker, “’Critical Considerations’ Regarding, Float, Force Majeure, And Liquidated Damages When Assessing Project Risks,” AGC Annual Convention, Orlando, FL, (2021).
  • Speaker, “Setting up a Successful Mediation: Strategically Selecting Your Mediator, Mediating with the Mediator, Bargaining Essentials and Impasse Breakers” ARTBA Law & Regulatory Conference, Washington, DC (2021).
  • Speaker, “Legal Aspects of Contract Changes Claims,” AACE National Convention, Boston, MA, (2021).
  • Co-Presenter, “’Concurrent Events’ and Other Scheduling Issues in the News,” ARTBA 12th Annual Law & Regulatory Forum (2020).
  • Co-Presenter, “COVID-19: Evaluating Your Contractual Rights and Minimizing Project Risk,” ARTBA (2020).
  • Co-Presenter, “Damages Without A Cause: Liquidated Damages Are A Penalty When Owners Recover Damages for Their Own Delay,” AACE International Conference (2019).
  • Co-Presenter, “Construction Documentation: Successfully Managing Risk and Preserving Claims,” ARTBA 11th Annual Law & Regulatory Forum (2019).
  • Co-Author, “Analysis of Scollick Memorandum Opinion,” Surety Bond Quarterly (2022).
  • Co-Author, “Court Dismisses FCA Claims Against Miller Act Surety Defendants For Alleged Failure to Detect and Report Procurement Fraud,” Building Solutions (Summer 2022).
  • Co-Author, “Progress is Best Measured One ‘Half-Step’ At A Time,” AACE International Technical Paper, CDR-3870 (2022).
  • SuperLawyers, Rising Stars (VA & DC), 2016-2020Co-Author, “’Concurrent Events’ and Other Scheduling Issues in the News,” AACE International Technical Paper, CDR-3732 (2021).

Cases

  • Scollick ex rel. U.S. v. Narula, 1:14-CV-01339-RCL, 2022 WL 3020936 (D.D.C. July 29, 2022)
  • BRC Uluslararasi Taahut VE Ticaret A.S. v. Lexon Insurance Company, 8:19-CV-00771-PX, 2020 WL 6801933 (D. Md. Nov. 19, 2020)

Areas of Practice

  • Construction
  • Government Contracts
  • Surety
  • Commercial Litigation

Education

  • Washington & Lee University School of Law, J.D., 2012
  • Bob Jones University, B.S. Accounting summa cum laude, 2008/B.A. History magna cum laude, 2009

Clerkships

  • Law Clerk for the Honorable Victor V. Ludwig and Humes J. Franklin, Jr., Virginia 25th Judicial Circuit (2012 – 2013)

Bar Admissions

  • District of Columbia
  • Maryland
  • Virginia

Court Admissions

  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia