- Real Estate
- Development & Construction
- Business Litigation
- Construction & Design
- Consumer Fraud Litigation
- Government Compliance
- Investigations & Litigation
- Government Contracts
- Postal Service Contracting
- Qui Tam / False Claims Act
|Contact Info||Telephone: 202.378.2355|
|University ||University of Georgia, A.B., 1990 Phi Beta Kappa|
|Law School||Cornell Law School, J.D., 1994 Cornell Journal of Law and Public Policy, Managing Editor, 1993-1994|
|Admitted||1994, Virginia; 1996, District of Columbia; 2000, Maryland; 1995, U.S. District Court, Eastern District of Virginia; 1996, U.S. District Court, District of Columbia; 1996, U.S. Court of Appeals, District of Columbia Circuit; 1996, U.S. Court of Appeals, Federal Circuit; 1999, U.S. Supreme Court; 2001, U.S. District Court, District of Maryland; 2001, U.S. Court of Appeals, Fourth Circuit|
Professional Associations and Memberships
American Bar Association, Public Contracts Law Section, Forum on the Construction Industry
•Federal Bar Association, Northern Virginia Chapter
•Virginia Bar Association, Public Contracts and Construction Law section
Brian's practice focuses on the litigation and arbitration of contract disputes. He is a member of the firm's Real Estate, Development & Construction group, and a significant portion of his work involves representing contractors on federally funded construction projects. Brian has experience with the full range of controversies that arise during contract performance, as well as on post-completion problems such as allegations of defective work and false claims.
Brian's work on behalf of industry clients includes:
•Representing a national real estate development company in dispute relating to $30 million renovation of a residential apartment building. The case settled during the discovery phase of the litigation.
Representing a national real estate developer on contract administration, compliance and audit issues during a Corps of Engineers design-build construction contract for a $1 billion Defense Department facility.
Counseling an international construction contractor in civil False Claims Act investigation and qui tam litigation alleging intentional violations of the Buy American Act.
Representing global engineering firm in litigation of professional negligence claims arising from the renovation and expansion of the Baltimore-Washington International Airport.
In addition to construction disputes, Brian represents service contractors and suppliers on compliance issues and disputes during the performance of federal contracts. He has particular expertise in the scope and application of the Trade Secrets Act and the Freedom of Information Act (FOIA) as they relate to the protection of contractor trade secrets and proprietary information.
Associated Builders & Contractors, Metro Washington Chapter, Management Education Committee
•Habitat for Humanity
•Washington Building Congress
Represented general contractor in arbitration arising from the $40 million renovation and expansion of a 500-room Hilton hotel. In addition to a delay claim and unresolved change orders involving eight subcontractors, issues in the arbitration included substantial owner claims for incomplete and defective work.
•Advised Canadian manufacturer and supplier of construction components regarding strategies for conforming to Buy American Act and Buy America requirements of the American Recovery and Reinvestment Act.
•Advised Northern Virginia owner of historic residential building in litigation of defective design and construction claims arising from the installation of window replacements.
•Represented international energy developer in defending claims in excess of $40 million by an EPC (engineering, procurement and construction) contractor on a hydroelectric plant in Nepal.
•Counseled a national real estate development company in dispute relating to $30 million renovation of a residential apartment building in Northern Virginia. The case was resolved by settlement during the discovery phase of the litigation.
•Represented a national construction engineering firm in protesting the award of a construction contract by a Virginia university.
•Advised a national real estate developer on contract administration, compliance and audit issues in a Corps of Engineers design-build construction contract for a $1 billion Defense Department facility in Alexandria, Va.
•Represented Department of Defense logistics contractor in reverse-FOIA litigation seeking to prevent disclosure of unit-pricing and other proprietary information reflected in successful proposal.
•Represented a major American defense contractor in defending action by an Israeli contractor seeking to collect commissions due in connection with military contracts awarded by the governments of Australia, South Korea and Israel.
•Counseled information technology service contractor in protesting the award of a software support services contract issued by the Defense Health Information Management Service.
•Represented construction contractor protesting the award of a Corps of Engineers contract for the installation of tiebacks at Bluestone Dam in Hinton, W.Va.
•Advised air transportation contractor in preparing and presenting claims for additional compensation arising from government-initiated changes on a multibillion contract with the U.S. Postal Service.
•Represented a military software development contractor in defending a $10 million action for breach of contract, civil conspiracy and copyright infringement initiated by a software developer. The case was resolved by summary judgment.
•Represented a global engineering firm in defending breach of contract and professional negligence claims asserted in connection with expansion of the Baltimore-Washington International Airport.
•Counsel for major business and software consulting firm in state and federal court litigation over the development and installation of Oracle Enterprise Resource Management software for the Baltimore City Public Schools. The case settled while client's motion for summary judgment was pending.
5.01.14 Federal Circuit's Decision Fixes Good Faith and Fair Dealing, Modern Contractor Solutions Real Estate, Development & Construction Article
4.14.14 OFCCP's Five-Year Moratorium on Enforcement Actions Against Tricare Providers Healthcare, Life Sciences & Pharmaceuticals Blog
2.14.14 How the Federal Circuit's Decision in Metcalf Construction Fixes Good Faith and Fair Dealing Real Estate, Development & Construction Blog
12.04.13 The Story of Metcalf Construction and Why It's Bad for Federal Construction Contracting Real Estate, Development & Construction Blog
10.01.13 If We Work, Will We Get Paid? Blog
5.15.13 Construction Seminar: Federal Contracting, What Every Contractor Needs to Know
Real Estate, Development & Construction Seminar St. Louis, MO
10.14.12 The Correlation Between Contractor Claims and Past Performance Blog
6.27.12 DOD Spends $21 Million a Year on Late Payment Penalties Blog
3.28.12 The Limits of Transparency Requirements in Federal Contracting
2.27.12 Six Things to Know About the DFARS Contractor Business Systems Rules Blog
In The News
3.01.12 Law360 and Federal News Radio: Husch Blackwell Attorneys Offer Perspective on DOD's New Rule for Contractors
4.14.10 Husch Blackwell Sanders Secures Victory in Protest of Government Contract Award
1.25.10 Husch Blackwell Significantly Expands Government Contracts Practice
Documents by this lawyer on Martindale.com
OFCCP’s Five-Year Moratorium on Enforcement Actions against Tricare Providers
Jason Husgen,Brian P. Waagner, April 15, 2014
On April 1, 2014, the Department of Labor’s Office of Federal Contract Compliance Programs agreed to the dismissal of its December 2008 complaint against Florida Hospital of Orlando. This action follows DOL’s March 11, 2014, agreement to a five-year moratorium on compliance and...
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