Brian R. Dugdale
Brian's practice focuses on the construction and engineering industry, federal government contracts and surety law. Brian represents owners, developers, contractors, subcontractors, engineers, design professionals and sureties in all phases of public and private projects from contract inception through alternative dispute resolution and litigation. Brian advises regional, national and international clients on complex legal issues, including contract performance and administration, risk assessment, claim entitlement and liability, design-build issues, joint venturing and teaming agreements, surety bond and insurance issues, critical path scheduling and delays, and quantification of damages.
Brian has broad experience both assisting federal government contractors with submission of certified claims, bid protests and compliance with Federal Acquisition Regulations, as well as in prosecuting, defending and resolving construction disputes in the private sector. Brian’s clients have been involved in the construction of everything from power plants to highways and bridges, to chemical and manufacturing facilities, condominium complexes, banks and retail, airports, tunnels, pipelines, courthouses, embassies and other government buildings, NASA space equipment, and domestic and international military installations including data centers, forward structures, barracks, digital weapons training ranges, tank trails and network infrastructure. Brian has appeared before state and federal courts, including the United States Court of Appeals for the Federal Circuit, boards of contract appeals, arbitration panels and construction mediators throughout the United States.
- Represented design-build contractor in ASBCA appeal arising out of $600 million high speed federal data center, resulting in favorable settlement of nearly $40 million in claims prior to hearing and dismissal of appeal.
- Co-counsel defending EPC Power contractor in $20 million dispute with construction subcontractor regarding clean energy retrofit cost overruns. Settled favorably on fourth day of 2-week AAA arbitration based on cross-examination of subcontractor's first five witnesses.
- Co-counsel for construction manager in defense of $100 million dispute with owner on $2.4 billion hotel and casino project in Atlantic City, New Jersey.
- Lead counsel prosecuting $12 million good faith and fair dealing claim against the federal government and appeal before the U.S. Court of Appeals for the Federal Circuit.
- Lead counsel prosecuting $19 million delay and inefficiency claim on military infrastructure project, securing favorable settlement.
- Lead counsel mediating $7 million delay and inefficiency claim on military infrastructure project, securing favorable settlement.
- Lead counsel in arbitration arising out of private road construction, resulting in judgment and award of damages in full to contractor client.
- Co-counsel in defense of $20 million surety bond claim arising out of sewer tunnel construction, securing settlement with no liability on behalf of surety client.
- Co-counsel in federal bench trial involving critical path delay claims arising out of $100 million condominium project, securing favorable settlement on behalf of contractor.
- Co-counsel mediating EPC Power contractor’s claims against supplier for defective steam turbine generator, securing favorable settlement.
- Lead counsel prosecuting nonpayment claims arising out of environmental consulting contract, securing default judgment on behalf of international contractor.
- Lead counsel representing prominent Virginia paving contractor in favorable settlement of various construction claims and supply contract disputes.
- Co-counsel defending owner against $40 Million delay and cumulative impact claim arising out of highway and bridge construction, winning partial Motions to Dismiss and award of attorneys' fees to the client and securing favorable settlement.
- Co-counsel prosecuting $12 million dollar delay claim on behalf of general contractor constructing manufacturing plant, securing favorable settlement.
- Lead counsel prosecuting owner’s claims in construction and commercial lease dispute, resulting in judgment and award of damages in full to the client.
PUBLICATIONS & PRESENTATIONS
- Speaker: “Navigating Virginia’s Procurement Related Ethics, Conflict of Interests and False Claims Statutes,” Virginia State Bar Construction Law & Public Contracts Section, Annual Government Contracts Seminar, September 2017.
- Co-Author: Chapter 16, Litigating with the Federal Government, American Bar Association, Federal Government Construction Contracts (3rd ed. 2017).
- Presenter: "Acceleration & Mitigation of Project Delays," WBL Publishing Webinar, November 2016.
- Co-Author: "Pass-Through Claims and Liquidating Agreements in Federal Government Contracting: No Privity, No Problem?" The Construction Lawyer, Journal of the ABA Forum on Construction Law, Volume 36, Number 2, Spring 2016.
- Panelist: "DBE Requirements and Good Faith Efforts," Webinar & CLE, ABA Forum on Construction Law, March 2016.
- Co-Author: “Narrowly Tailored or a Narrow Miss: Is DBE Program Expansion for Veteran-Owned Small Businesses Constitutional?” Government Construction, Published by Division 13 of the ABA Forum on Construction Law, December 2015.
- Presenter: “Acceleration & Mitigation of Project Delays,” WBL Publishing Webinar, November 2014.
- Panelist: “Joint Ventures and Teaming Agreements – Why, How and When to Team Up for Large Projects,” National Utility Contractors Association, August 2013.
- Co-Author: “Alaska Native Corporations Drawing Attention from Federal Contractors and Politicians Alike,” Construction Solutions, January 2011.
- Author: “Understanding SBA Regulations,” Bulletin, The Official Publication of The Washington Building Congress, July/August 2010.