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Born Little Rock, Arkansas, 1932
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Admitted Virginia, 1959; District of Columbia, 1961; U.S. Supreme
Court, 1966
PRACTICE
AREA
EDUCATION
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University of Virginia (BS in Commerce 1954)
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University of Virginia School of Law (JD, 1959)
EXPERIENCE
- Has
represented contractors, subcontractors, suppliers, and owners in
a host of construction matters on private and federal, state, and
local construction projects.
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Extensive trial experience in jury and non-jury cases before federal
and state courts in Virginia, the District of Columbia and before
federal agency boards of contract appeals.
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Appellate experience before the U.S. Supreme Court, the U.S. Courts
of Appeals for the Federal, Fourth and D.C. Circuits, the Virginia
Supreme Court, the D.C. Court of Appeals and the U.S. Court of Federal
Claims.
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Regularly represents parties to construction disputes in arbitration
and mediation and also serves as an arbitrator and mediator for
the American Arbitration Association.
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Has been a lecturer for many years on construction law subjects
in seminars sponsored by various construction industry organizations.
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Named by Virginia Business Magazine as one of the best lawyers in
Virginia.
LEGAL
AFFILIATIONS
- Chair
and member of the Board of Governors, Construction Law and Public
Contract Section, Virginia State Bar.
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Virginia Bar Association (Member, Construction Law Section and Joint
ADR Committee)
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Member, Norfolk-Portsmouth Bar Association (Member, CLE Committee)
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Member, Virginia Beach Bar Association
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Member, American Bar Association (Member, Forum on Construction)
BIOGRAPHY
- Author:
"1962 Act: Is the 'Directly Related' Test for Entertainment
Expenses Really New?" 17 Journal of Taxation 366, December,
1962.
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Author: "Arbitration of Construction Disputes: An Introduction,"
30 Virginia Bar News, No. 8, 37, February 1982.
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Author: "The Right of a Government Construction Contractor
to Suspend Operations or Abandon Performance," 29 Federal Bar
News & Journal, No. 3, 121, March 1982.
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Co-Author: "Private Construction Surety Bonds," Construction
Briefings # 86-6, May, 1986.
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Author: “Implied Indemnity in Virginia and its Application
to Claims for Economic Damages,” 51 Virginia Lawyer, No.7,
14, February 2003.
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Author: “Legal Issues and Risk Allocation in Design Build,”
55 Virginia Lawyer No. 3, 22, October 2006.
REPORTED
CASES
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J.W. Bateson Co., Inc. v. Board of Trustees of the National Automatic
Sprinkler industry Pension Fund, 434 U.S. 586, 98 S.Ct.873, 55 L.Ed.
2d 50 (1978)
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United States v. Acme Process Equipment Co., 385 U.S. 138, 87 S.Ct.
350, 17 L.Ed. 2d 249 (1966)
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Asphalt Roads and Materials Co., Inc. v. Commonwealth, Department
of Transportation, 257 Va. 452, 512 S.E. 2d 804 (1999)
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Moore v. Lewis, 201 Va. 522, 111 S.E.2d 788 (1960)
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W.G. Cornell Company of Washington D.C. v. Ceramic Coating Company,
Inc., 626 F.2d 990 (D.C. Cir. 1980)
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Clifton D. Mayhew, Inc. v. Blake Construction Co., Inc., 482 F.2d
1260 (4th Cir. 1973)
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District of Columbia v. Pierce Associates, Inc., 527 A.2d 306 (D.C.
App. 1987)
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District of Columbia v. Savoy Construction Company, Inc., 515 A.2d
698 (D.C. App. 1986)
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Phenix-Georgetown, Inc. v. Chas. H. Tompkins Co., 477 A.2d 215 (D.C.
App. 1984)
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City Stores Company v. Lerner Shops of District of Columbia, Inc.,
133 U.S. App. D.C. 311, 410 F.2d 1010 (1969)
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Pierce Associates, Inc. v. United States, 223 Ct.Cl. 119, 617 F2d
223 (1980)
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Blake Construction Co., Inc. v. United States, 202 Ct.Cl. 974 (1973)
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Acme Process Equipment Co. v. United States, 171 Ct.Cl. 251, 347
F.2d 538 (1965)
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Acme Process Equipment Co. v. United States, 171 Ct.Cl. 324, 347
F.2d 509 (1965)
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Neil A. Goldwasser v. United States, 163 Ct.Cl. 450, 325 F.2d 722
(1963)
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Matter of Vecco Construction Industries, Inc. v. Century Construction
Company of Washington, D.C., Inc., 30 B.R. 945 (Bkrty. Va. 1983)
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Appeal of J. W. Bateson Co., Inc., GSBCA No. 4687, 80-2 BCA 14,608
(1980)
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Appeal of Blake Construction Co., Inc., GSBCA No. 1176, 66-1 BCA
5589 (1966)
CIVIC
ACTIVITIES
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Past President and member of Board of Directors, Linkhorn Bay Condominium
Association
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Past President, Seminary Hills (Alexandria, Virginia) Home Owners
Association
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