Donald G. Gavin

Founding Shareholder

Practice emphasizes representation of owners, contractors, public entities, design professionals, and sureties with issues involving construction, public contracts, surety, environmental matters, and assistance law.

Treasurer, Construction Strategies, Inc. (construction consulting firm)

Served as a Captain in the United States Army Judge Advocate General Corps, principally as a procurement legal advisor to the Army Corps of Engineers.

Former law clerk to a state trial court judge.

Client Work

  • Represent multi-national oil and energy producers on construction issues ranging from project and contract formation to administration and dispute resolution worldwide on upstream production, processing, and transportation of oil and gas, as well as power production.
  • Represent pipeline installers and marine platform and pipeline designers and contractors in construction and dispute resolution worldwide and before a variety of national and international dispute resolution bodies.
  • Represent major EPC contractors in the design and construction of large petrochemical facilities, including administration and dispute resolution under varying rules and procedures in both arbitration and courts.
  • Represent engineering firms, construction contractors, and sureties in dispute resolution in arbitration and litigation nationwide.
  • Represent government contractors and sureties before the boards of contract appeals and the United States Court of Federal Claims.

Experience As An Arbitrator and Mediator

  • Has arbitrated and mediated a large number of disputes involving construction of private and governmental industrial facilities and commercial and residential construction, as well as intellectual property, with claims valued from $10,000 to $750 million.
  • Frequently selected as a panelist by the American Arbitration Association, as well as by the International Centre for Dispute Resolution, and as a mediator. Principal Mediator for the Pennsylvania Avenue Development Corporation and the GSA, for the Ronald Reagan International Center project in Washington, D.C., the largest in the Capital since the construction of the Pentagon.
  • Completed: International Commercial Arbitration in Latin America: The ICC Perspective, Miami, October 2003; Annual Arbitrator's Update 2004 and 2003; International Dispute Resolution Centre Symposium in Advanced Case Management Issues, San Francisco, September 2003; AAA Construction Industry Arbitrator II Training, Washington, D.C., April 2001.

Publications/Presentations/Speaking/Recognitions

Recognitions

Recognized by Virginia Business Magazine as one of Virginia's Legal Elite for 2005.

Selected as one of "The Best Lawyers in America 2005," compiled by Woodward/White, Inc., a professional research company.

Selected for inclusion in "Who's Who of International Construction Lawyers 2005," published by Law Business Research Limited.

Publications

"Public Works Projects," Bond Default Manual, Fidelity and Surety Law Committee of TIPS, American Bar Association, 3rd Ed. 2005.

"Construction Matters and Mechanics' Liens," Real Estate Transactions, Virginia CLE, 2nd Ed., 2005.

"Differing Site Conditions," Federal Government Construction Contracts, Forum Committee on the Construction Industry, American Bar Association, 2003.

"Disruption Claims," Proving and Pricing Construction Claims, Aspen Law and Business, 3rd edition, 2001.

"Virginia," 50 State Construction Lien and Bond Law, Aspen Law and Business, 2nd edition, 2000.

"The Surety's Management of the Complex Surety Case," Managing and Litigating the Complex Surety Case, American Bar Association, Tort and Insurance Practice Section, 1998.

"The Surety's Environmental Risk," Tort and Insurance Practice Section, American Bar Association, 1997.

"Inspection, Acceptance, and Warranties," Construction Subcontracting, Wiley Law, 1991.

"Rights and Remedies of the Disappointed Bidder Under Federal Grant Programs," Construction Bidding Law, Wiley Law, 1990.

"The Project That Doesn't Work: The Functional Failure and Who is Responsible," Construction Failures, Wiley Law, 1989.

"Representing the Public Owner," Construction Defaults, Wiley Law, 1989.

Representative Speaking Engagements/Presentations

"Public Works Projects," Managing the Contract Bond Default, Fidelity and Surety Law Committee of the Section of Torts and Insurance Practice, American Bar Association, San Antonio, TX, May 12, 2005.

"Developing, Constructing, Operating and Securing Energy Power Projects," Forbes Magazine and Andrews Pub., San Francisco, April 17, 2002.

"Trial Preparation and Organization," Bar Association of the U.S. Court of Federal Claims, Washington, DC, February 2002.

"Alternative Dispute Resolution," Forum on the Construction Industry, American Bar Association, San Francisco, CA, January 27, 2000.

"Initial Rewards and Risks of Construction Contracting with Foreign Governments," Institute for Government Innovation, Alexandria, VA, November 1999.

"Construction Contracting," Los Alamos National Laboratory, NM, "Current Issues and Project Management," Federal Publications Inc., March 1999.

"Government Construction Contracting," Federal Publications, Inc., Sandia National Laboratory, Albuquerque, NM, May 1998.

"The Surety's Management of the Complex Surety Case," Fidelity and Surety Law Committee of the Section of Torts and Insurance Practice, American Bar Association, Philadelphia, PA, October 2000 and LaJolla, CA, April1998.

"Current Issues and Project Management," Federal Publications Inc.'s Construction Year in Review, Washington, DC, January 1978 - 1998.

"Acting as the Project Neutral," GSBCA Judges' Conference, Alexandria, VA, January 1998.

"Government Construction Contracting," Federal Publications, Inc., Washington, D.C., Boston, MA, Vancouver, B.C., Las Vegas, NV, San Francisco, CA, San Diego, CA, Honolulu, HI, Albuquerque, NM, Santa Fe, NM, Williamsburg, VA, Orlando, FL, and Atlanta, GA, 1977 - 1997.

"Representing the Surety When Issues of Liability Are Hotly Defended," The American Surety Association, Williamsburg, VA, May 1997.

"Government Construction Contracting," Federal Publications, Inc., Headquarters USEPA, Washington, DC, November 1996.

Professional Affiliations

American Bar Association

  • Public Contract Law Section
    • Former National Chair and Council Member
    • Former Chair, Regional Division
    • Former Chair, Bid Protest Committee
    • Former Vice-Chair, State and Local Procurement,
    • Grant and Cooperative Agreement Division
    • Former Chair, Grants Committee
    • Former Vice-Chair, Environmental Law Committee
  • Tort Trial and Insurance Practice Section
    • Fidelity and Surety Law Committee
      • Former Vice-Chair,
      • Co-Chair, Legislative Division
      • Co-Chair, Environmental Law Subcommittee
      • Former Chair, Federal Regulatory Subcommittee

Member, Forum on the Construction Industry

Elected Fellow, American Bar Foundation, and Fellow, Section of Public Contract Law

International Bar Association Construction Committee

Federal Bar Association

  • Council on Government Contracts
Bar Association of District of Columbia
  • U.S. Court of Federal Claims Committee
Bar Association of the United States Court of Federal Claims
  • Former member, Board of Governors
  • Recipient of Outstanding Service Award
Judge Advocates General Bar Association

Virginia State Bar Association

  • Section of Construction Contract Law
Philadelphia Bar Association

Bar & Court Admissions

Bar Admissions

Virginia
District of Columbia
Pennsylvania

Court Admissions

Supreme Court of Pennsylvania, 1967
U.S. District Court for the District of Columbia, 1972
Supreme Court of the United States, 1973
Supreme Court of Virginia, 1973
U.S. Court of Appeals for the Fourth Circuit, 1976
U.S. Court of Federal Claims, 1980
U.S. Court of Appeals for the Ninth Circuit, 1988

Education

L.L.M., Government Procurement Law, National Law Center of George Washington University, 1972

J.D., University of Pennsylvania School of Law, 1967

B.S., Economics, Wharton School of the University of Pennsylvania, 1964

Personal Interests

Member, National Board of Trustees of the American Ceramic Circle
President, Potomac Overlook Homeowners Association
Picture of Donald G. Gavin
dgavin@wickwire.com
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Phone: 703.790.8750
Fax: 703.448.1801

8100 Boone Boulevard
Suite 700
Vienna, Virginia 22182-7732