JASON C. TOMASULO is Senior Counsel in the Construction Group of Cohen Seglias Pallas Greenhall & Furman PC. He focuses his practice on construction law and government contracts. Jason represents owners, general contractors, subcontractors, suppliers and sureties. His experience includes all aspects of the construction process, from contract analysis and negotiation to project counseling to dispute resolution.
Jason has worked on numerous construction projects including federal government buildings, commercial/residential mixed use facilities, casino construction and expansion, school construction, renovation and expansion, improvements to commercial buildings, as well as various infrastructure projects including wastewater treatment facilities, power plants, a complex military chemical processing facility, an earthen dam, steel bridge construction, a commercial semiconductor manufacturing facility, a nuclear waste processing facility, and pipeline construction.
Prior to joining Cohen Seglias, Jason served as General Counsel for Keating Building Corporation, an ENR Top 400 general building contractor in the Mid-Atlantic region, where he negotiated contracts with owners and subcontractors, provided legal and risk management advice regarding project issues and managed litigation. Significantly, when the owner of a $300 million project could not obtain financing to complete the construction of the project, he helped protect Keating's rights and interests by negotiating revisions to the loan documents of the new ownership group and the other agreements necessary to restart construction.
Before joining Keating Building Corporation, Jason was an attorney with a nationally recognized construction law practice. During law school, he interned with the Department of Justice, Civil Division, Commercial Litigation branch and worked in GW's Small Business clinic. After graduation from law school, he served as the law clerk for the Honorable E. Allen Shepherd on the Circuit Court for Prince George's County, Maryland.
Jason writes and lectures on various construction law issues.
•Represented mechanical contractor in dispute with general contractor on manufacturing facility in Pennsylvania; after bench trial in the Court of Common Pleas for Luzerne County, PA, received judgment in client's favor and recovered all requested attorneys' fees under Pennsylvania's Contractor and Subcontractor Payment Act as the substantially prevailing party.
•Represented environmental remediation subcontractor in arbitration with general contractor and its payment bond surety over contract balance and custom materials purchased but not used for landscape restoration work on project in Pennsylvania; obtained award against general contractor and surety representing over 93% of principal amount sought, plus prompt payment act interest.
•Represented owner of wastewater treatment plant in arbitration against claims of contractor for defective design and delays, and asserted counterclaims for defective work; responsible for schedule expert and expert report; conducted direct and cross-examination of schedule experts, and certain fact witnesses; award for contractor was less than last settlement offer made during arbitration.
•Represented developer in dispute with architect and its structural and mechanical sub-consultants over design errors and omissions on mixed-use development in Arlington, VA; convinced architect, its E&O carrier, sub-consultants, and their carriers to voluntarily participate in mediation before filing a complaint; successfully resolved through mediation.
•Represented general contractor on a complex highway and bridge project for VDOT in Norfolk, VA, for the City of Norfolk, U.S. Navy, Port Authority and two rail lines; after site work/pipeline/utility subcontractor defaulted, was terminated, and subsequently went out of business, prepared performance bond claim; filed suit against performance bond surety; coordinated expert schedule/delay analysis; successfully resolved claim against surety through negotiation during the course of the project, allowing contractor to complete the project with minimal impact.
•Represented general contractor and its surety in dispute in the U.S. District Court of Maryland with supplier of concrete formwork to defaulted concrete subcontractor over damaged equipment/materials and alleged non-payment; submitted insurance claims on CGL and inland marine policies; settled with insurance carriers through negotiations, which facilitated favorable settlement with supplier through court-assisted ADR and minimized client's out of pocket costs.
•Represented general contractor in state and federal court in Maryland that was wrongfully terminated for default by owner on construction of apartment buildings and related improvements; served as point person on legal team including one partner and two other associates; developed strategy; gave portion of presentation during multi-party mediation; mediation was converted to arbitration; received favorable award and obtained statement withdrawing default.
•Represented contractor against township on refund of over-assessed permit fees in the Delaware County Court of Common Pleas, PA; prepared and won summary judgment motion; township paid principal amount of judgment and appealed award of interest; successfully resolved interest claim through negotiations after filing briefs on appeal.
•Represented electrical contractor (second low bidder) on notice of appeal of denial of bid protest to Maryland State Board of Contract Appeals regarding low bidder's failure to meet MBE goals; counseled client and represented contractor at hearing with MTA; MTA agreed with grounds for protest and awarded $11 million contract to client.
•Represented payment bond surety to general contractor client in dispute in Montgomery County Court of Common Pleas, PA with a sub-subcontractor on a payment bond claim; argued preliminary objections on basis of claimant's failure to allege and furnish timely written notice and obtained Order granting preliminary objections, which resulted in dismissal of case.
NEWS & PUBLICATIONS
•A Good Start for a Form P3 Agreement
Construction in Brief: 2015 Volume 2
•Pa. Ripe For P3s In Wake Of $1.1B Bridge Deal
Law360 - April 10, 2015
•Public-Private Partnerships: What You Need to Know About this Emerging Trend in Construction
Construction in Brief: 2014 Volume 1
•Maryland Court Clarifies Subcontractor Licensing Requirement
Mid-Atlantic Real Estate Journal - July 23, 2010
•Jason C. Tomasulo Joins Cohen Seglias as Senior Counsel (PDF)
October 27, 2009
•ABC Delaware Lunch & Learn: How to Effectively Preserve Your Payment Rights and Collect Your Money
March 19, 2015 - Millsboro, DE
•What We Can Learn from PennDOT's Award of the First Rapid Bridge Replacement P3 Project
January 30, 2015
•Maryland Shortlists Teams on Purple Line P3 Rail Project
January 17, 2014
•Pennsylvania Issues Request for Qualifications for Rapid Bridge Replacement P3
January 10, 2014
•Maryland Issues Request for Qualifications for the Purple Line P3 Project
November 22, 2013
•ABA Forum on the Construction Industry Fall Meeting Delivers on Public-Private Partnerships
October 3, 2013
•Maryland's First P3 Project after Recent Legislation: $2.2 billion Purple Line Light Rail Project
August 9, 2013
•Maryland Passes Legislation Aimed at Facilitating Maryland P3 Projects
April 4, 2013
•Maryland Governor's Proposed Budget Allocates $373 Million for School Construction Work
February 6, 2013
•Pennsylvania Passes Public-Private Partnership (P3) Law
July 13, 2012
•Virginia Shortens Subsubcontractors'time to Provide Notice on Public Payment Bond Claims
May 2, 2012 (Also at Philadelphia, Pennsylvania Office)