Brett Marston is an experienced construction contracting, dispute resolution, and OSHA attorney. He also serves as Managing Partner at Gentry Locke and currently holds the position of the 87th President of the Virginia State Bar. As a member of the firm’s Construction Law practice group, he brings substantial expertise in negotiating and drafting construction contracts, resolving payment disputes, handling mechanic’s liens, bond claims, construction defect cases, delay claims, insurance issues, and OSHA matters. Brett represents clients in major construction cases before both federal and state courts, and in mediation and arbitration. He represents general contractors, subcontractors, owners, design professionals, and suppliers. Brett also serves as mediator and arbitrator in commercial disputes, mostly pertaining to construction matters.
Brett has been repeatedly recognized as a Virginia Super Lawyer, consistently appearing on their Virginia Top 10 and Top 100 lists. He has also received the Roanoke Lawyer of the Year for Construction Law honor from The Best Lawyers in America three times. In 2019, Brett was inducted as a fellow of the Virginia Law Foundation. The previous year, Virginia Lawyers Weekly named him to its “Leaders in the Law” class of 2018.
A quick handshake
•If I weren't practicing law...
I would have been a sports writer, or, in the modern arena, a sports blogger. I have always had a huge interest in sports of all types and enjoy keeping up with teams from the pros, colleges, and local high schools.
•People would be surprised to know...
I am into music. My days of trying to play the piano, saxophone, guitar, and hand bells have all waned, but I still enjoy music of all types. My interest in music even extends to having been a DJ on a local gospel radio station when I was in high school, and I previously served on the Board of the Roanoke Symphony Orchestra.
Experience
•Represented contractor in multi-million dispute over termination and damages related to water intake project
•Represented local municipality in dispute with highway/utility contractor on urban road/utility renovation project
dispute related to construction of $800 million hotel/convention center project
•Represented structural steel subcontractor in claims, payment, and insurance dispute related to construction of $800 million hotel/convention center project
•Represented commercial subcontractor against national contractor in litigation and mediation for payment, change order, and claim issues on $45 million stadium project, in federal court
•Represented owner of municipal wastewater treatment facility in successful action against national general contractor and national engineering firm for design and construction problems, successfully resolving both in mediation
•Represented national contractor in prosecution of a liquidated damages/delay claim against concrete subcontractor, and defense of multi-million dollar counterclaim for alleged delays. Successfully resolved in mediation
•Obtained summary judgment in federal court for commercial masonry contractor against national construction manager seeking to recover for costs of repairing allegedly defective masonry work on hospital
•Obtained a directed verdict at state court trial for general contractor in suit brought by masonry subcontractor seeking additional payments on alleged oral subcontract agreement
•Represented developer of residential apartments for university students in defending and resolving approximately 15 mechanic’s liens filed against property, totaling approximately $1.5 million
•Represented international engineering firm in litigation and resolution of dispute over a EPC/design-build project for a $40 million power plant, including design, site conditions, delay claim, contract interpretation, and surety issues
•Represented general contractor in multi-million dollar mechanic’s lien and payment dispute related to hotel construction project
•Represented highway/bridge contractor in connection with bid-protest filed by competitor on VDOT project
•Represented highway/bridge contractor in filing protest with federal government agency on project to work on Blue Ridge Parkway
•Represented owner in preparation of package of bid and contract documents for renovation of regional educational facility
•Represented engineering firm in defense of multi-million dollar claims by project developer alleging defective site design and geotechnical errors
•Prepared documents for general contractor for submission as unsolicited proposal under Virginia’s PPEA (Public Private Educational Facilities Act)
•Represented commercial subcontractor in analyzing and negotiating subcontract for work on multi-million dollar museum project
•Represented in litigation a national general contractor in defense of a claim regarding installation of allegedly defective exterior cladding on new hospital facility
•Represented commercial contractor in filing mechanic’s liens for over $1 million on condominium project for work performed under a cost-plus contract
•Represented HVAC subcontractor in asserting and prosecuting claims against general contractor’s payment bond on a government project, relating to delay claims and outstanding payments owed
•Represented governmental owner in negotiating a takeover agreement with general contractor’s surety on new building on which construction was far behind schedule
•Represented manufacturing client in defense of alleged Willful OSHA violations arising out of workplace fatality
•Represented engineering firm in defense of alleged Willful OSHA violations arising out of construction site shoring failure
•Represented numerous general contractors, subcontractors, and general industry businesses in defense of OSHA citations, including Willful, Repeat, and Serious Violations
•Represented employer/general contractor in defending, through trial, multiple OSHA citations, including alleged trenching violations
•Successfully defended business owner in day-long hearing before Fire Code Board of Appeals for alleged fire code violations relating to building classification and egress from building
Awards
•Recognized by Chambers USA in Band 4 for Construction Law (2023 - 2025)
•Named “Roanoke Lawyer of the Year” for Construction Law (2013, 2015, 2017, 2024, 2026) by The Best Lawyers in America, and noted in the areas of Construction Law (2006-2026) and Construction Litigation (2011-2026)
•fellow, Virginia Law Foundation (inducted 2019)
•Named one of the “Leaders in the Law” by Virginia Lawyers Weekly (2018)
•Elected a Top Attorney: Construction by Roanoke-area attorneys surveyed by The Roanoker magazine (2007, 2009, 2012)
•Designated one of the “40 & Under Movers and Shakers” by The Roanoker magazine for the field of Law (2008)
•Named to Virginia Super Lawyers for Construction Litigation (2009-2025), to the Top 10 List (2015-2017), the Top 100 List (2014-2019, 2020-2025), to Super Lawyers Business Edition US in the area of Construction Litigation (2012-2014), and was previously named a Virginia Super Lawyers Rising Star for Construction Litigation (2007)
•Designated one of the “Legal Elite” by Virginia Business magazine in Construction law (2007-2025) and the Young Lawyer category (2004-2006)
•Named a “Legal Eagle” for Construction Law and Litigation - Construction by Virginia Living magazine (2012)
•Named a “Top Rated Lawyer” for Construction law by American Lawyer Media (2013)
•Roanoke Bar Association President’s Volunteer Service Award, Silver level, for 249-500 hours of community service (2006, 2007)
•R. Edwin Burnette, Jr. Young Lawyer of the Year Award, Virginia State Bar (2004)
Published Work
•Co-Author, Design-Builders’ Amending AIA A141-2014: Standard Form of Agreement Between Owner and Design-Builder, Alternative Clauses to Standard Construction Contracts, Fifth Edition (2019)
•Co-Author, Deal...or No Deal? Identifying and Addressing Gray Areas in Construction Contracting , The Construction Lawyer, Journal of the ABA Forum on the Construction Industry, Volume 33 No. 3 (Summer 2013)
•Co-Author, Key Points to Consider in Filing and Challenging a Mechanic’s Lien, Virginia Lawyer magazine, Volume 59 (October 2010)
•Civil Discovery in Virginia, Chapter 3 on Interrogatories, Virginia CLE Publications, 3rd edition (2009)
•Virginia Construction Law Deskbook, Chapter 21 on Occupational Safety and Health Act (OSHA), Virginia CLE Publications, (2008)
•Co-Author, Construction Law, 40 U. RICH. L. REV., 143 (2005)
•Co-Author, Deal or No Deal? Clarifying Gray Areas in Construction Contracting, Virginia Lawyer magazine, Volume 55 No. 3 (October 2006)
Case Studies
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.
•Dec 14, 2016 - Supreme Court of Virginia Affirms Circuit Court Decision in Construction Claim
Library
•26 Gentry Locke Attorneys Named to 2025 Virginia Business Legal Elite List
News
Dec 2025
•Gentry Locke Managing Partner K. Brett Marston Featured in Virginia Lawyers Weekly’s 2025 Managing Partner Spotlight
News
Nov 2025
•Virginia Business Names K. Brett Marston and Gregory D. Habeeb to its 2025 Virginia 500 Power List
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Sep 2025
•31 Gentry Locke Attorneys Recognized in Best Lawyers 2026 Lists
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Aug 2025
•Gentry Locke Managing Partner K. Brett Marston Sworn in as President of the Virginia State Bar
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Jul 2025
•Four Gentry Locke Practices and Six Partners Recognized by the Prestigious Chambers USA 2025
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Jun 2025
•20 Gentry Locke Attorneys Recognized in 2025 Virginia Super Lawyers Lists
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May 2025
•Gentry Locke Attorneys Announces Executive Board Leadership for 2025
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Feb 2025
•29 Gentry Locke Attorneys Named to 2024 Virginia Business Legal Elite List
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Dec 2024
•35 Gentry Locke Attorneys Recognized in Best Lawyers 2025 Lists
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Aug 2024
•Four Gentry Locke Practices and Four Partners Recognized by the Prestigious Chambers USA 2024
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Jun 2024
•18 Gentry Locke Attorneys Recognized in 2024 Virginia Super Lawyers Lists
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Apr 2024
•K. Brett Marston Named Next President-Elect of the Virginia State Bar
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Mar 2024
•Mike Pace: Citizen Lawyer
News
Jan 2024
•23 Gentry Locke Attorneys Named to 2023 Virginia Business Legal Elite List
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Nov 2023
•30 Gentry Locke Attorneys Recognized in Best Lawyers 2024 Lists
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Aug 2023
•Three Gentry Locke Practices and Four Partners Recognized by the Prestigious Chambers USA 2023
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Jun 2023
•17 Gentry Locke Attorneys Recognized in 2023 Virginia Super Lawyers Lists
News
Apr 2023
•Gentry Locke Attorneys Announces Leadership Updates for 2023: Names K. Brett Marston Managing Partner, and Monica T. Monday Chair of Executive Board
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Jan 2023
•Twenty Gentry Locke Attorneys Named to 2022 Legal Elite List
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Dec 2022
•Eight Gentry Locke Attorneys Elected to Local Bar Association Leadership Roles
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Oct 2022
•Super Lawyers 2022 Recognizes 17 Gentry Locke Lawyers
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May 2022
•2022 Gentry Locke Seminar
Events
Apr 2022
•Super Lawyers and Rising Stars Recognizes 18 Lawyers on 2021 Lists
News
May 2021
•Interstate 81 Developments, Impacts, and Updates
News
Feb 2021
•Twenty Gentry Locke Attorneys Named to Legal Elite List
News
Dec 2020
•Significant Changes in Virginia Construction Law
Articles
Oct 2020
•22 Gentry Locke Attorneys Recognized in The Best Lawyers in America 2021
News
Aug 2020
•20 Gentry Locke Lawyers Named as Super Lawyers and Rising Stars
News
Apr 2020
•COVID-19 and Mechanic's Liens
Articles
Apr 2020
•Contracts and Subcontracts: Requirements of Providing Notice of Delays
Articles
Mar 2020
•Owner/Constructor Agreements and Justifiable Construction Delays
Articles
Mar 2020
•OSHA/COVID-19 Update
Articles
Mar 2020
•Gentry Locke Announces 2020 Management Committee
News
Jan 2020
•Gentry Locke’s Brett Marston appointed to American Arbitration Association Construction Panel
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Jan 2020
•21 Gentry Locke Attorneys Recognized in The Best Lawyers in America
News
Aug 2019
•Partner Brett Marston to serve second term on Virginia State Bar Council
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May 2019
•Gentry Locke announces 2019 Management Committee
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May 2019
•Construction Contract Basics: How to Protect Yourself and Avoid Common Pitfalls
Events
Apr 2019
•25 Gentry Locke attorneys named 2019 Virginia Super Lawyers or Rising Stars
News
Apr 2019
•AIA’s Standardized Construction Contracts: 2017 Updates Now In Effect
Articles
Feb 2019
•Partner Brett Marston inducted into Virginia Law Foundation Fellows Class of 2019
News
Feb 2019
•Ten Gentry Locke attorneys named to 2018 'Legal Elite' list
News
Dec 2018
•Gentry Locke Attorneys K. Brett Marston and Daniel R. Sullivan honored by Virginia Lawyers Media
News
Oct 2018
•20 Gentry Locke Attorneys Named to 2019 'Best Lawyers in America '
News
Aug 2018
•27 Gentry Locke Attorneys Named 2018 Virginia Super Lawyers or Rising Stars
News
Apr 2018
•AIA Contract Documents 2017 Updates - Time is Running Out
Events
Apr 2018
•Gentry Locke attorneys again recognized as 2017 ‘Legal Elite’
News
Dec 2017
•21 Gentry Locke Attorneys Named to 2018 Best Lawyers in America
News
Aug 2017
•Doing Business Together - Ten Things to Consider Before You Sign
Events
Jul 2017
•28 Gentry Locke Attorneys Named 2017 Virginia Super Lawyers or Rising Stars
News
Apr 2017
•Consequences of 'Hokie Stone' Case on Public Construction Projects
Articles
Jan 2017
•Supreme Court of Virginia Affirms Circuit Court Decision in Construction Claim The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.
Case Studies
Dec 2016
•Fifteen Gentry Locke Attorneys Recognized as 2016 “Legal Elite”
News
Dec 2016
•Twenty-Two Gentry Locke Attorneys Named to 'The Best Lawyers in America'
News
Oct 2016
•Twenty-six Gentry Locke Attorneys Named '2016 Virginia Super Lawyers'
News
Apr 2016
•Ten Gentry Locke Attorneys are 2015 'Legal Elite' by Virginia Business Magazine
News
Dec 2015
•23 Gentry Locke Attorneys Named to 2016 “Best Lawyers in America”
News
Aug 2015
