T: (703) 749-1000 vCard McLean jcoleman@wthf.com
Jim's practice focuses on construction litigation and construction contract administration. His experience includes representing owners, contractors and subcontractors in large complex construction disputes, claims analysis and the drafting of multi-million dollar design and construction contracts. Jim has also advised contractors on compliance with federal and state regulations and claims preparation and avoidance.
Jim's insider knowledge of the construction industry stems from 18 years of experience as a Senior Project Manager and Project Manager for major construction contractors in the Washington DC metro area and in Texas before becoming a construction attorney. As a contractor, Jim was responsible for estimating, bidding, scheduling and managing construction of public and private office, urban-residential, and institutional projects. His hands-on contract management experience includes both design-build and design-bid-build projects.
Recent Engagements
- Provided contract management and legal counsel to a contractor on a federal government Multiple Award Task Order Contract project involving litigation against a terminated subcontractor, counsel on various claims involving other subcontractors and preparation and submission of proposals and certified claims to the government.
- Successfully defended a surety against a Miller Act claim in the Eastern District of Virginia.
- Performed claims analysis for an owner on a boutique hotel project and assisted in the attempted mediation of the dispute with the general contractor.
- Assisted an architect in the negotiation of a reasonable settlement in a dispute with a municipality.
Other Representative Experience
- Assisted in the successful representation of a national subcontractor pressing a multimillion dollar claim and defending a larger counterclaim against a construction manager.
- Counseled a national developer including the drafting and negotiation of heavily modified AIA form contracts with contractors and architects on multiple metro Washington D.C. projects.
- Assisted in the successful representation of a large mid-Atlantic contractor in the arbitration of a dispute consisting of claims and counterclaims totaling well over $10 million.
- Assisted in the successful representation of a general contractor against a developer in the arbitration of a multimillion dollar suit for an unpaid contract balance, unpaid changes, and delay costs.
- Analyzed a contractor's multimillion dollar delay claim for a commercial owner/developer, providing contractual defenses against the claim.
- Successfully defended a metro-Washington, D.C. contractor against a subcontractor lien action filed in Maryland through motions practice (
pro hac vice
) and negotiated a favorable settlement with the subcontractor's surety.
- Analyzed a subcontractor's multimillion dollar delay claim against a government entity on behalf of the government.
- Drafted a construction contract for a construction manager on a $60 million headquarters building. Assisted the CM in negotiation of the final agreement.
- Drafted a $36 million design/build subcontract heavily modifying an EJCDC standard form agreement for a subcontractor on a $1 billion-plus public-private partnership road project.
Memberships and Affiliations
- Virginia State Bar Association
- American Bar Association
- Construction Forum
- Washington Building Congress
- Craftsmanship Awards Committee - Chair Elect
- Program & Education Committee - Past Chairman
- U.S. Green Building Council - LEED Accredited Professional (LEED AP
® )
