Tuesday, September 9, 9:00 a.m.–1:30 p.m. ET
| MCLE Credit: | 4.0 |
| Live-Interactive Credit: | 4.0 (all formats) |
Live on Site:
Webcast:
Telephone:
Cosponsored with the Construction Law and Public Contracts Section of the Virginia State Bar
The Construction Law and Public Contracts Section of the Virginia State Bar specially designed this annual event in response to requests from practitioners for quality programming in the field of federal government contracting. Our expert faculty will cover important topics and present exceptional materials. Now in its ninth year, this four-hour seminar focuses on Federal Acquisition Regulation (FAR) provisions, recent trends in delay claims and damages analysis, and federal construction contract terminations.
Join us in Fairfax for this annual seminar and benefit from hearing valuable information shared by your colleagues regarding federal government contracting. Enjoy a continental breakfast at the Hilton Fairfax with complimentary parking!
You also have the option to experience this annual seminar from the convenience of your home or office (by live-interactive webcast or telephone) and still be able to ask questions of the speakers.
Praise from prior Annual Federal Government Contracting seminars:
“Excellent, very practical advice.”
“All speakers brought expertise and valuable information.”
“Great quality and value.”
“I thought this was great for anyone that practices in the deferral government contracting space.”
Registration Deadlines:
| Webcast: | 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials. |
| Telephone: | Online registration ends at 11:59 p.m. the day preceding the seminar Call (800) 979-8253 to register up to one hour prior to the seminar |
| Live on Site: | Online registration ends at 11:59 p.m. the day preceding the seminar Walk-in registration is permitted on a space-available basis |
Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $60 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE®.
Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.
Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email tfitzgerald@vacle.org.
Inclement Weather Policy and Updates.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.
Can’t Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.
| 9:00 | Announcements and Introductions |
| 9:10 | Expect the Unexpected Anthony (Tony) Anikeeff, Steven Lunsford, Arnie Mason, Zahra Syed As recent unexpected events such as COVID and tariffs have taught us, the government contracts and construction industry needs to prepare for how the unexpected may disrupt projects, including supply chain issues, increased material and other costs, project delays, and the bottom line. If past is prologue, contractors would be wise to have a command of the current remedies available in government contracts, as well as contracting tools that may be implemented to guard against the unknown by more clearly defining responsibilities for handling unexpected events in construction contracts, including provisions for delays, price adjustments, force majeure, and impacts from tariffs. |
| 10:40 | Break |
| 10:50 | Recent Trends in Delay Claims and Damages Analysis Jonathan R. Wright, Joseph J. McFadden, Ryan S. Clark, Brandon Regan Join panelists for an in-depth discussion of recent trends in delay claims and damages analysis. Various topics to be discussed include: use of technological developments to assist in the in delay, loss of productivity, and damages quantifications; increasing use of “offsetting delay” arguments to avoid imposition of liquidated damages for post-substantial completion date changes; increasing sophistication of contractor delay claims and analysis; and impact of tariffs and trade policy on contractor claims. |
| 12:05 | Break |
| 12:15 | Federal Construction Contract Terminations Daniel D. Rounds, Christopher W. Foux Discussion focuses on terminations of federal construction contracts, both for default and for convenience. Topics will include the relevant clauses and leading cases interpreting them, steps to take when faced with a termination, considerations for pricing terminations settlement proposals, and more. |
| 1:30 | Adjourn |
Anthony (Tony) Anikeeff, Williams Mullen / Tysons
Ryan S. Clark, Capital Project Management, Inc. / Blue Bell, PA
Christopher W. Foux, Litcon Group—A Vertex Company / Washington, DC
Steven Lunsford, Skanska USA Civil, Inc. / Washington, DC
Arnie Mason, Williams Mullen / Tysons
Joseph J. McFadden, Capitol Management Project, Inc. / Blue Bell, PA
Brandon Regan, Watt, Tieder, Hoffar & Fitzgerald / McLean
Daniel D. Rounds, Haynes and Boone, LLP / Tysons
Zahra Syed, Williams Mullen / Tysons
Jonathan R. Wright, Watt, Tieder, Hoffar & Fitzgerald, LLP / McLean
Anthony (Tony) H. Anikeeff, Williams Mullen / Tysons
Tony Anikeeff is chair of the firm’s Government Contracts Practice. His practice encompasses counseling, investigations, litigation, trial and appellate work and training. He also is part of the firm’s white collar team handling civil False Claims Act, suspensions and debarments, and related matters.
Mr. Anikeeff represents domestic and foreign companies with respect to conducting business with the federal and state governments. He advises contractors, subcontractors, and third-party stakeholders regarding many of the issues that arise in the context of these efforts, such as: obtaining contracts, schedule contracts, teaming and subcontracting, Other Transaction Agreements (OTAs), Cooperative Research and Development Agreements (CRADAs), grants, mergers and acquisitions, set-asides and small business issues, financing, solicitation evaluation, contract interpretation, procurement integrity, employment, regulatory compliance and training, intellectual property protection, conflicts of interest, contract performance, security clearances, dispute avoidance, and the Freedom of Information Act (FOIA). He also advises and represents clients involved in negotiations, bid protests, claims, and terminations. A significant portion of his practice is devoted to representing clients in False Claims Act (FCA) and qui tam matters, suspension and debarment matters, and government and internal investigations.
Mr. Anikeeff is a seasoned trial and appellate lawyer who has first-chaired numerous cases to conclusion. In doing so, he draws upon experience representing the United States for over a decade in resolving complex contractual, statutory, regulatory, and constitutional disputes, while serving as a trial attorney, senior trial counsel, and assistant director in the civil division of the U.S. Department of Justice. He is a frequent speaker on government contracts and has testified as an expert witness on such matters.
Ryan S. Clark, Capital Project Management, Inc. / Blue Bell, PA
Ryan Clark, PE, CWI, LEED AP, is a Manager at Capital Project Management, Inc.Ò (CPMI), an independent consulting firm that specializes in the analysis, resolution, and prevention of complex construction disputes.
Mr. Clark has more than 17 years of experience in the construction and manufacturing industries. He specializes in analyzing construction claims, performing CPM scheduling, developing graphics and reports for understanding construction disputes, performing project cost analyses, reviewing and preparing delay and inefficiency claims, and providing litigation support.
Prior to joining CPMI, Mr. Clark was a quality control manager for an organization that performed construction and environmental services for Federal government agencies. He spent five years with the U.S. Army Corps of Engineers where he was assigned to the Construction Division to perform Quality Assurance of construction on major U.S. military projects in South Korea. He also served as a project engineer to assist the federal government in the Hurricane Sandy clean-up efforts that inflicted billions of dollars in damage in the Northeast.
Mr. Clark has spoken on construction scheduling topics at industry conferences and educational seminars, including those hosted by AACE International, Associated Builders and Contractors of Eastern Pennsylvania, and Villanova University. He is a registered Professional Engineer, a Certified Welding Inspector from American Welding Society, and a LEED Accredited Professional. He holds a Master of Business Administration from Lehigh University, a Master of Science in Civil Engineering from Yonsei University, and dual bachelor’s degrees from Lafayette College with a Bachelor of Science in Civil Engineering and a Bachelor of Arts in International Studies.
Christopher W. Foux, Litcon Group—A Vertex Company / Washington, DC
Christopher Foux is a Director with LitCon Group, LLC. He specializes in valuation, financial analysis, forensic accounting, and damage claims analysis for clients across many industries including construction, media, retail, health care, government contracting, defense, and nuclear power generation. He is a certified public accountant, an accredited senior appraiser, and accredited in business valuation.
Mr. Foux also has experience as a business analyst where he analyzed dataflow, provided forensic accounting services, and made recommendations on best practices related to the client’s enterprise resource planning system. Additionally, he has consulted with more than thirty small businesses and startups, providing them with financial analysis and strategic guidance.
Steven Lunsford, Shanska USA Civil, Inc. / Washington, DC
Steven Lunsford is a Vice President and Assistant General Counsel at Skanska USA Civil, Inc. He has worked for Skanska for more than 10 years and has been practicing law with a focus on construction law and litigation for approximately 17 years. He began his career at the construction litigation and government contracting law firm Watt, Tieder, Hoffar, and Fitzgerald. There he represented sureties, owners, contractors, and subcontractors in complex construction project disputes held before courts, boards, arbitration panels, and mediators.
Since joining Skanska in 2014, Mr. Lunsford has served as Assistant General Counsel for the Southeast and Mid-Atlantic regions. He provides legal support for the civil infrastructure projects in those regions—from the pursuit phase through final completion.
Mr. Lunsford earned Bachelor of Science degrees in Economics and Political Science from the University of Utah and his Juris Doctor degree from the George Washington University School of Law.
Arnie Mason, Williams Mullen / Tysons
As a partner in Williams Mullen’s Construction practice group, Arnie Mason represents clients in all phases of a construction project. He has extensive experience with preparing and negotiating construction contracts, preparing, litigating and mediating complex construction claims on federal, state and private projects, in addition to advising on various types of issues that arise from the pre-bid stage through dispute resolution. He has extensive experience in the review and defense of False Claims Act allegations and can advise on issues related to government contracts in construction, small business contracting opportunities, the use of Disadvantaged Business Enterprises on federally funded projects, and Mentor-Protégé Agreements.
Mr. Mason has been with Williams Mullen since 2012 after practicing with Watt, Tieder, Hoffar & Fitzgerald for 11 years. Prior to that, he held a judicial clerkship with the Honorable Stephen C. St. John of the United States Bankruptcy Court for the Eastern District of Virginia. He is currently serving in his eleventh year on the Board of Governors for the Construction Law & Public Contracts Section of the Virginia State Bar, this time as its Chair. Over the years, he has been recognized by Chambers USA since 2016 for his construction law practice, listed among Virgnia’s Legal Elite and The Best Lawyers in America for Construction Law and Litigation—Construction since 2018, and recognized by Super Lawyers for Construction Litigation in both Virginia and DC since 2019.
Mr. Mason has written several articles on varying topics of interest to the government contracts and construction law community, which have appeared in various publications, including the William & Mary Law Review, Government Contracts Service, Construction Claims Advisor, Law 360’s Expert Analysis section, the Virginia Bar Association Journal, and the Virginia State Bar Construction Law and Public Contracts Section Newsletter. He is also the co-author of Defective Specifications—Impracticability/Impossibility of Performance, which may be found in Chapter 18 of Federal Government Construction Contracts (3d ed.). He regularly lectures on topics of interest to the construction community, including presentations on construction contracts, differing site conditions, defective specifications, unabsorbed home office overhead claims, M/DBE programs, false claims, and claims and dispute resolution procedures under different types of standard form construction contracts.
Joseph J. McFadden, Capital Project Management, Inc. / Blue Bell, PA
Joseph McFadden, PE, PSP, is a Principal of Capital Project Management, Inc.Ò (CPMI), an independent consulting firm that specializes in the analysis, resolution, and prevention of complex construction disputes. He is a respected technical professional with 35 years of experience in project management, claims evaluation, and litigation assistance.
Mr. McFadden began his career managing public works bids and contracts for a general construction firm, a position that provided him with invaluable insight into the methods and limitations of the bidding process. His overall field experience helps him understand firsthand the planning, budgeting, and day-to-day oversight challenges faced by project management teams. His claims experience encompasses a wide range of construction—from commercial, correctional, educational, and manufacturing facilities to power plants, military facilities, highways, and transit projects. He has evaluated disputes involving delay, disruption, damages, and technical issues for owners, contractors, government agencies, and design professionals. He has participated on behalf of these clients in arbitration, in mediation, and in federal court. His understanding of technical construction issues, and his ability to organize and present evidence, have proved vital to legal counsel. He regularly participates in ADR sessions, prepares schedule analysis reports for litigation and testifies as an expert when necessary. While engaged as a Forensic Scheduling Expert for owners and contractors on construction projects of all types, he also oversees the IDIQ contract work that CPMI does for the Department of State on active construction projects worldwide. His forensic and real-time experiences on domestic and international projects have been vital in shaping his observations, expectations, and opinions of construction project scheduling.
Mr. McFadden is a registered Professional Engineer in Pennsylvania and certified Planning and Scheduling Professional with AACEI. He holds a Bachelor of Science in Civil Engineering from Drexel University. He has delivered lectures on scheduling, estimating, cost control, and project controls, sharing his expertise with industry professionals and peers.
Brandon Regan, Associate, Watt, Tieder, Hoffar & Fitzgerald / McLean
Brandon Regan is an associate in Watt Tieder’s McLean, Virginia, office, concentrating his practice in the areas of construction, government contracts, and commercial litigation. He is an experienced litigator with nearly a decade of courtroom experience. Before joining Watt Tieder, he served as a Judge Advocate for four years in the U.S. Marine Corps, serving as a line prosecutor, Staff Judge Advocate, and Senior Complex Trial Counsel. In these billets he litigated several high-profile cases as first-chair counsel with sustained success. He now serves as a Judge Advocate in the U.S. Marine Corps Reserves and holds the rank of Major (O-4). After leaving active-duty, he served for four years as an Assistant United States Attorney (AUSA) in the District of Columbia U.S. Attorney’s Office. As an AUSA, he successfully prosecuted more than 400 cases, including several federal jury trials.
Daniel D. Rounds, Haynes and Boone, LLP / Tysons
Daniel Rounds represents clients in construction and government contract matters. He advises contractors on a wide range of federal and state procurement, regulatory compliance, and grant issues, particularly those relating to construction and to domestic preference regulations, including Buy American, Buy America, and Build America Buy America. He also assists clients with change negotiations, requests for equitable adjustment, claim preparation, and termination settlement negotiations. He litigates complex federal contract and construction disputes, and he has represented clients in federal and state courts, in federal and state Boards of Contract Appeals, in domestic arbitration, and in international arbitration under the International Chamber of Commerce and the International Centre for Dispute Resolution.
Mr. Rounds serves on the Board of Governors of the Virginia State Bar, Construction Law and Public Contracts Section. He is a Contributing Editor for the ABA Forum on Construction Law’s publication The Construction Lawyer and a Vice-Chair on the Contract Claims and Disputes Resolutions Committee of the ABA Public Contract Law Section. He is a frequent speaker and contributor to construction and government contract law publications. He has also been recognized by The Best Lawyers in America: Ones to Watch, Woodward/White, Inc., in Construction Law and Litigation—Construction since 2022.
Zahra Syed, Williams Mullen / Tysons
Zahra Syed is an associate in Williams Mullen’s Construction practice group and represents clients in all phases of a construction project. Specifically, she has experience with drafting, reviewing, and negotiating contracts. She also represents clients with the various stages of construction litigation and alternative dispute resolution, such as arbitration and mediation.
Ms. Syed has been recognized as an “Associate to Watch” in construction law by Chambers USA (2024–present). She is currently serving her first year on the Board of Governors for the Construction Law & Public Contracts Section of the Virginia State Bar after having served as the Young Lawyers Conference Liaison for the Construction Section as well.
Ms. Syed received her Juris Doctor degree from Villanova University, Charles Widger School of Law. During her law school education, she interned for the U.S. Department of Justice and assisted clients of the law school’s Health Law Clinic. She earned her Bachelor of Arts degree, with honors, from the University of Central Florida, Burnett Honors College.
Jonathan R. Wright, Partner, Watt, Tieder, Hoffar & Fitzgerald / McLean
Jonathan Wright represents owners, prime contractors, subcontractors, and sureties on construction projects throughout the nation, and particularly in the mid-Atlantic region. His experience includes a wide range of construction projects such as data centers, buildings, wastewater treatment plants, highways, roads, bridges, dredging projects, schools, and municipal water pumping stations. He has successfully guided his clients through challenging legal issues involving default terminations, design defects, payment disputes, indemnification, differing site conditions, delay claims, and inefficiency/lost productivity claims. In addition to his court admissions, he has experience in various types of dispute resolution including arbitration, mediation, negotiation, and claim preparation.
