Stephen P. Withee

Drafted and negotiated series of contracts relating to logistics company’s facility expansion which utilized combined public and private funding.

Advised operator of parking facilities of major university regarding various issues related to capital improvement projects, drafted and negotiated construction contracts and assisted in creating contracting protocol and system to ensure consistent process.

Represented owner in claim against design-builder for failure to properly design and construct multi-use entertainment facility.

Negotiated design-build contract for construction of medical office building and laboratory suites with a project value of $10 million.

Drafted and negotiated contracts on behalf of owner with construction manager, architects and owner’s representative for multiple school construction projects.

Represented general contractor in claim against school based upon owner’s failure to properly coordinate and schedule project.

Obtained judgment in favor of general contractor in arbitration against hotel owner seeking additional costs arising from owner-caused inefficiencies and uncompensated additional extra work.

Represented general trades contractor in prosecuting a claim against school involving claim against school board for various disruption costs while defending delay and acceleration claim asserted by masonry subcontractor.

Successfully defended defective construction claim against concrete contractor seeking over $2 million in damages.

Represented surety seeking declaration that public owner improperly terminated surety from its obligations under the bond.

Conducted trial in the Armed Services Board of Contract Appeals challenging termination for default of mechanical contractor.

Successfully defended SDVOSB general contractor in size and status protests in front of SBA OHA.

Advised environmental service contractor on issues related to alleged organizational conflict of interest related to DOE contract and prepared OCI mitigation plan to address same.

Counseled construction material supplier in dispute involving questions under Truth In Negotiations Act.

Represented SDVOSB in REA and eventual claim arising out owner caused inefficiencies on hospital HVAC upgrade project.

Counseled numerous contractors regarding potential regulatory impact of various transactions which have included advice to environmental service contractor on impact of stock sale on 8(a) status, representation of SDVOSB architectural and engineering firm on alleged status issues raised by CVE arising out of its multiple locations, and advice to SDVOSB regarding potential impact of profit sharing plan on SDVOSB status.