T: (703) 749-1000 vCard McLean pvarela@wthf.com
"'Congenial, down-to-earth and deeply knowledgeable,' Paul Varela 'presents himself well and listens to his clients to meet their needs.' He handles a busy construction workload, advising a national client base on contract planning, administration and dispute resolution." -
2007 Chambers USA Guide to America's Leading Business Lawyers
"'Personality and high intellect' as well as 'tough and tenacious' representation define this lawyer in the eyes of clients." -
2006 Chambers USA Guide to America's Leading Business Lawyers
Paul Varela counsels clients in contract planning, administration, and dispute resolution matters nationwide in the engineering and construction industry. His broad range of legal experience includes roads, bridges, high-rise buildings, nuclear and conventional power, environmental remediation, biomedical centers, energy and chemical projects, airports, professional sports stadiums, telecom, pharmaceutical, mass transit, and other heavy construction projects, as well as embassies and all types of general building design and construction. Paul has extensive claims negotiation and prosecution experience with private as well as state and federal government entities, and his expertise includes design-build, P3, government contracts and suretyship. Paul is an authority on federal government contracting issues spanning compliance, bid protests and claim preparation, pricing, and dispute resolution. He has represented clients across the country in jury and bench trials, mediations, arbitrations, boards of contract appeals, and state and federal court for both domestic and international disputes.
Paul also frequently advises clients in key risk management issues. He has represented clients in the drafting and negotiation of complex engineering and construction contracts priced between $100,000 and $8 Billion.
Honors
- Chambers USA - list of Top Construction Lawyers - 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012
- Best Lawyers in America, Construction Law category - 2009, 2010, 2011, 2012
- Super Lawyers Business Edition - 2012
- Washington, DC Super Lawyers - 2011
- Virginia Super Lawyers - 2010
- Washington DC's Best Lawyers - 2009, 2010, 2011
- Virginia's Best Lawyers - 2010, 2011
- Washington DC Legal Elite - 2010
Representations and Results
Construction Claims & Litigation
- Successful lead counsel in defeating $60 Million design claim against design-build Contractor in 4-week jury trial, and recovered 100% of the $8 Million affirmative claim for client.
- Received $5.76 Million AAA arbitration award for general contractor on claim against hotel developer, including prevailing party legal fees of $165,500.
- Successful lead counsel in negotiating positive settlement for public Owner defending against $30 Million design claim, negotiated "no fault" termination of the Contractor and assisted in successful reprocurement.
- Lead counsel defending against $40 Million delay, disruption and acceleration claim, and successfully won partial Motions to Dismiss with award of attorneys' fees to the client pursuant to 42 U.S.C. §
1983.
- Successfully defended against construction and design defect claims on Major League Baseball stadium exceeding $43 Million and recovered approximately $30 Million for the client, having lead responsibility for the construction and design aspects of the case.
- Prepared numerous construction delay, disruption and acceleration claims ranging from less than $1 Million to tens of millions of dollars, many of which were successfully settled prior to trial through mediation or other form of ADR.
- Represented providers of professional services, including design, QA/QC, PM and CM services, in numerous complex professional liability actions brought by Owners, Contractors and Subcontractors.
- Represented design-build Contractor asserting design and construction claims concerning Owner Furnished Equipment and defending against design and construction claims brought by Owner, successfully settling the lawsuit with an affirmative recovery of almost $40 Million and elimination of Owner's $25 Million counterclaim.
Other Litigation
- Successfully defended client in 42 U.S.C. §
1981 action; after 3-day jury trial Claimants withdrew their case and formally acknowledged their claims had no legal or factual basis.
- Represented professional services client in multi-party triple wrongful death action arising from alleged design and QA/QC liability, and negotiated positive settlement for client prior to trial.
- Obtained successful jury verdict on $10 Million claim arising out of catastrophic industrial plant fire involving complex fire cause analysis.
Counseling
- Advises clients in the drafting and negotiation of complex engineering and construction contracts priced between $100,000 and $8 Billion.
- Frequently advises clients on federal government compliance, risk management and bid protests.
Memberships and Affiliations
- Washington Building Congress
- Chairman, WBC Foundation, 2009 - 2010
- Immediate WBC Past Chairman, 2009 - 2010
- WBC Chairman, 2008 - 2009
- WBC Vice Chairman, Secretary, Treasurer, Director, 1999 - 2008
- American Bar Association
- Forum on the Construction Industry
- Litigation Section
- Public Contract Law Section
- Tort Trial & Insurance Practice Section
Publications and Presentations
- Co-Author:
Chapter 9 Pricing of Construction Claims
, American Bar Association,
CONSTRUCTION ACCOUNTING - A Guide for Attorneys and Other Professionals
(2010).
- Co-Author:
District of Columbia State Review and Virginia State Review
, American Bar Association,
Design/Build Deskbook: The Complete Guide to Design/Build Contracting, Licensing, Insurance, and Procurement Requirements in the 50 States and Canada
(4th ed., 2010).
- Session Coordinator: "You Told Our JV Partner What!!??!! Ethical Issues in Creating, Maintaining and Operating Joint Ventures," American Bar Association Forum on the Construction Industry Midwinter Meeting, Houston, Texas, 2012.
- Session Chair: "Strategic Alliances for Success," Construction SuperConference, San Francisco, California, 2011.
- Panelist: "Determining Acceptable Risk in Today's Hyper-Competitive Marketplace," Construction SuperConference, San Francisco, California, 2010.
- Speaker: "Modern Litigation as 'DR'," Pearlman Association Annual Conference, Seattle, Washington, 2010.
- Session Chair: "The Risks and Rewards of Program Management as a Project Delivery Method," Construction SuperConference, San Francisco, California, 2009.
- Panelist: "Managing Risk in Today's Marketplace," Construction SuperConference, San Francisco, California, 2008.
- Session Chair: "Making Money with Sustainable Design and Alternative Energy," Construction SuperConference, San Francisco, California, 2007.
- Speaker: "Mitigating Public Objections to Public-Private Partnerships," Western Association of State Highway and Transportation Officials (WASHTO) Annual Conference; Las Vegas, Nevada, 2007.
- Session Chair: "Strange Bedfellows: How to Participate in a Public-Private Partnership Without Losing Your Shirt," The Contractor and Construction Manager Issues SuperConference; San Francisco, California, 2006
- Speaker: "Public-Private Transportation Projects: A New Way to Allocate Risk;" Nevada Street & Highway Conference, Reno, Nevada, 2006.
- Panelist: "Construction Management - A Concept in Search of a Definition;" The Contractor and Construction Manager Issues SuperConference; San Francisco, California, 2005.
- Speaker: "Fundamentals of Construction Contracts;" 80th Annual National Bar Association Conference; Orlando, Florida, 2005.
- Speaker: "Risk Management: How to Optimize Your Construction Project;" Construction Management Association of America (CMAA); Baltimore, Maryland, 2004.
- Speaker: "How All Parties Can Achieve Their Goals on an EPC Contract: The Owner Gets the Output He Expects on the Anticipated Date and the Equipment Supplier and Contractor Make Money;" Forbes Construction Conference; San Francisco, California, 2002.
- Speaker: "Selecting a Winning Project: Pre-Bid Risk Assessment;" National Electrical Contractors Association's 100th Anniversary National Convention; Washington, DC, 2001.
- Speaker: "Electronic Procurement in the Engineering & Construction Industry;" Forbes Construction Conference; San Francisco, California, 2000.
- Speaker: "The Contracting Professional as a Business Manager;" National Contract Management Association; Kansas City, Missouri, 2000.
- Speaker: "Cost Effective Dispute Resolution," National Electrical Contractors Association, D.C. Chapter, Annual Meeting, Cayman Islands, 2000.
- Lecturer: "Government Contracts Law," Marshall-Wythe School of Law, College of William & Mary, Williamsburg, Virginia, 1993-99.
- Speaker: "Government Construction Contracting" and "Proving Construction Contract Damages," Federal Publications, Various Locations, 1999.
- Speaker: "Design/Build: Minimizing Your Risk;" Washington Building Congress, Design East Show; Dulles, Virginia, 1998.
- Lecturer: "Practical Techniques in Construction Contract Planning for States, Cities and Counties," Center for Management Development and Training, Inc.; Washington, DC, 1998.
- Co-Author: "Design Defect Liability Under Design/Build," Washington Building Congress Bulletin, 1998.
- Speaker: "Mitigating the Risk of Non-Payment;" National Electrical Contractor's Association, D.C. Chapter, Annual Meeting; Islamorada, Florida, 1998.
