Todd R. Metz
Todd Metz focuses his practice on disputes, with experience in arbitration proceedings as well as litigation relating to major domestic and international construction projects. A client says: "He is a very talented lawyer, but most importantly he places the interest of our organization above all other concerns."
- Chambers and Partners, 2020
Todd Metz's practice also focuses on the consultation, preparation and dispute resolution of claims arising out of domestic and international construction projects. His experience includes representation of contractors, owners, and design professionals before domestic and international arbitration tribunals, dispute adjudication boards, disputes review boards, and local and federal courts. He also advises clients on matters related to mechanic's liens, contract formation, contract administration, procurement fraud, and regulatory compliance.
Representative projects include power plants, bridges, water treatment facilities, airports, tunnels and pipelines, industrial process facilities, institutional facilities, court houses, embassies, marine facilities, and stadiums and arenas. Before going into private practice, Todd served as a judicial clerk for the U.S. Department of Housing and Urban Development Board of Contract Appeals.
- Represented general contractor in disputes related to the reconstruction of a paper machine at a pulp and paper mill in Skowhegan, Maine. Lead Trial counsel in 4-week arbitration hearing before the American Arbitration Association, after which VLMG’s client was awarded nearly $28 Million (approximately 95% of the client’s claim) plus expenses, while fully defeating Owner counterclaim seeking return of $8.6 Million already paid to client.
- Represented an EPC Contractor in a dispute with a subcontractor on a 600MW coal-fired power plant in South America. Following multi-week ICC arbitration, Client received a Final Award upholding client’s default termination, awarding completion costs and liquidated damages in excess of U.S. $11 million, and denying nearly all of the subcontractor’s U.S. $30 million delay and disruption claims.
- Represented developer in a dispute with EPC contractor over performance on a 300MW coal-fired CFB power plant in Guatemala. The case proceeded through a multi-week Evidentiary Hearing before the International Court of Arbitration of the International Chamber of Commerce. Client ultimately received a Final Award of over $300 million in its favor and which defeated nearly all of the contractor’s $800 million counterclaims.
- 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.
- Represented the Owner/Trustee of an over $3.5 billion resort in Nassau, Bahamas. The Project was placed in bankruptcy and suspended for over a year after disputes arose between its original owner and contractor building the Project. Retained to prepare and negotiate the construction and other contracts that would permit construction to recommence.
- Represented EPC Contractor for 4,800MW coal-fired power plant in twelve day Dispute Adjudication Proceeding in South Africa. Dispute related to contractor’s $70 million delay claim.
- Successful lead trial counsel on arbitration related to NYCDOT bridge project. Recovered damages and 95 percent of attorney’s fees and costs following three week arbitration.
- Represented major equipment supplier in arbitration related to construction of 1,230MW coal-fired power plant in Wisconsin. Achieved settlement before hearing.
- Represented Tunnel Contractor on claims against New York City Department of Environmental Protection related to tunnel and shaft work on Water Tunnel No. 3.
- Served as Project Counsel to S3, a joint venture, related to 7-Line Extension, assisting Project Manager and Project Engineers on claim letters to New York MTA.
- Represented General Contractor in arbitration on claims against design professional related to design and construction of NHL Arena.
PUBLICATIONS & PRESENTATIONS
- Co-Authored with Israel Almodovar, Director, Navigant – “Building in Latin America: When Projects Go South (of the Border)”, Navigant, Insights and Experience, January 2018. To view click here
- Panelist: "A Global Perspective on Construction Arbitration: Current Practices and Recent Developments from Around the World," Construction SuperConference, Las Vegas, Nevada, December 2016.
- Panelist: "Arbitration with a Passport? Comparing Domestic and International Arbitration for Construction Disputes," Construction SuperConference, San Diego, California, December 2015.
- Lecturer and Author: "Public Contracts and Procurement Regulations in Virginia," Richmond, Virginia, June 2011.
- Lecturer and Author: "Designing and Building Projects Using the AIA Contracts," Las Vegas, Nevada, February 2009; Richmond, Virginia, October 2006; Las Vegas, Nevada, February 2006.
- Co-Author "Chapter 15: Construction Scheduling, Delays, Damages And Time Extensions," Virginia Construction Law Desk Book (2008).
- Co-Author "As Green Building Moves Forward, Claims and Disputes will Follow," Virginia State Bar Magazine, November 2008.
- Panelist: "Dispute review boards (American style); dispute adjudication boards (English style) and dispute adjudication boards (FIDIC style)," International Construction SuperConference, London, England, September 2008.
- Panelist: "Proving and Defending Complex Claims: Cumulative Impacts, Acceleration, Inefficiencies, and the Like," Associated Owners and Developers National Conference East, Atlanta, Georgia, September 2008.
- Panelist: "Romania, Bulgaria, and the Russian Federation: Legal and Institutional Hurdles to a Successful Construction Project," International Construction SuperConference, London, England, May 2007.
- Lecturer: "Proving and Defending Construction Damages," ABA Tort Trial and Insurance Practice Section, Managing and Litigating the Complex Surety Case Seminar, Santa Fe, New Mexico, May 2007.
- Lecturer: "Cumulative Impact Claims," Parsippany, New Jersey, June 2006.
- Panelist: "Power Plant Construction in the 21st Century: What We Learned from the End of the 20th Century," International Construction SuperConference, London, England, May 2006.
- Lecturer: "The Fundamentals of Construction Contracts: Understanding the Issues in Virginia," McLean, Virginia 2006.
- Lecturer and Author: "AIA Contracts," Richmond, Virginia, September 2005.
- Lecturer and Author: "Virginia Public Procurement," Richmond, Virginia, June 2005.
- Panelist: "The Unique Problems of Dealing with Foreign Sovereign Entities" ; The Contractor and Construction Manager Issues International SuperConference, London, England, May 2005.
- Lecturer and Author: "AIA Contracts In Nevada," Las Vegas, Nevada, February 2005.
- Panelist: "How Can the A/E both Comply with the Project Owner's Unreasonable Demands and Avoid Liability to the Project's Construction Contractors," The A/E Issues Construction Superconference, San Francisco, California, December 2004.
- Author: "Do Unto Others: Design Professional Liability to Project Participants Not in Privity," The A/E Issues Construction Superconference, San Francisco, California, December 2004.
- Lecturer and Author: "AIA Contracts In Virginia," McLean, Virginia, November 2004.
- Panelist: "How the EPC Contractor Can Lower Its Risk and Increase Its Reward on Power Plant Projects," Forbes Global Energy Conference, London, England, November 2002.
- Author: "The Stealth Terms of Your Contract - They Can Hurt You if You Don't Watch Out," journals of the American Counsel of Independent Laboratories (ACIL) and the Virginia State Bar, Construction Law & Public Contracts Section.