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Stephen B. Hurlbut

Partner 
750 Ninth Street, N.W.
Suite 750
Washington, D.C. 20001
 
Tel:
202.393.6222
Fax:
202.393.5959
 
8100 Boone Boulevard
Suite 630
Tysons Corner, VA 22182

For over 25 years, Steve's practice has primarily focused on construction and government contract litigation with an emphasis on resolution of delay and other schedule-related claims. His engagements have included all types of projects throughout the United States, including power production and energy-related construction projects. In addition, he represents virtually all parties in the construction industry before federal and state trial and appellate courts, boards of contract appeals, and arbitration panels. Steve has substantial experience in contract drafting, including virtually all types of owner-contractor agreements, EPC contracts, and design-build contracts.

Recognized by Chambers USA, The Legal 500 U.S., and AV rated by Martindale Hubbell, Steve has also co-authored many industry publications to include: Construction Scheduling: Preparation, Liability and Claims (Aspen Publishers 1991, 3rd Ed. 2010); and Use of Critical Path Method Techniques in Contract Claims: Issues and Developments, 1974 to 1988, Public Contract Law Journal, Vol. 18, No. 2. Additionally, Steve has been a frequent instructor on the topic of postal contracting.
 
Representative Experience
 
Construction
 
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Representation of Architect of the U.S. Capitol in regards to claims and allegations of delay, inefficiency, and defective design in the construction of the $200 million-plus Phase 2 of the Capitol Visitors' Center to include analyzing multimillion-dollar claims from contractors and subcontractors and providing legal, contractual, and factual defenses.
 
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Representation of construction contractors in litigation with United States Army Corps of Engineers in connection with various claims for delay and additional compensation on major lock and dam projects.
 
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Served as lead litigation counsel for EPC contractor in arbitration and mediation of claims for contract changes, delays, disruption, acceleration, and defective work on 1,000 MW gas-fired power plant project in San Marcos, TX.
 
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Served as lead counsel for general contractor on Stamford, Connecticut, General Mail Facility Project in litigation of claims against the U.S. Postal Service for acceleration, labor inefficiency, and differing site conditions.
 
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Representation in defense of general contractor in litigation and arbitration of owner's claims for structural failure and in litigation and negotiations with contractor's general liability carrier for reimbursement of litigation costs.
 
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Representation of general contractor on major wastewater treatment plant project in litigation of claims for delays and labor inefficiencies due to design errors and adverse soil conditions.
 
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Representation of electrical subcontractor for commercial high-rise office tower project in Los Angeles in litigation of claims against general contractor and owner for changes, acceleration, and schedule disruption.
 
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Served as litigation counsel for mechanical contractor's claim for labor inefficiency and defective specification claims against General Services Administration on NOAA laboratory and office facility project in Boulder, Colorado.
 
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Served as lead litigation counsel for municipal owner in arbitration defense of contractor delay, acceleration, and inefficiency claims arising out of construction of waste-to-energy facility in Hempstead, NY.
 
 
Government Contracts
 
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Representation of a postal mechanization contractor in a multi-million dollar claim for changes, delay, disruption, and inefficiencies.
 
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Representation of numerous government contractors in the defense of False Claims Act and related fraud and debarment actions; negotiation of Corporate Integrity Agreements and development and implementation of corporate compliance programs.
 
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Served as litigation counsel in a multi-million dollar False Claims Act suit against a postal IDIQ construction contractor.
 
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Served as litigation counsel in litigation protesting award of multi-year contract valued at $100-230 million for design and installation of national data communications network for the Federal court system.
 
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Representation of security system contractor for U.S. Supreme Court renovation project in arbitration against construction manager to recover contract balance and extra work claims and defense of fraud claim.
 
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Representation of owners of postal facilities in litigation involving Postal Service's exercise of purchase options and other lease related disputes.
 
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Represented government contractor in several bid protests at the Government Accountability Office (GAO) concerning a $200 million contract for upgrades to Navy ships.
 
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Routinely advises clients and supports Akerman's Corporate practice in connection with mergers and acquisitions involving government contractors.
 
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Served as litigation counsel for GSA contractor before CBCA on claims relating to government's failure to incorporate proper Davis Bacon Act determination.
 
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Representation of government contractors in the evaluation and preparation of requests for equitable adjustment and Contract Disputes Act claims.
 
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Representation of government contractors in prime-subcontractor disputes.
 
Awards & Recognition
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The Best Lawyers in America 2013-2018, Listed in Virginia for Construction Law
 
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Benchmark Litigation 2013-2016, Listed as a Virginia litigation star for Commercial Litigation
 
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Chambers USA 2008-2017, Ranked in Virginia for Construction
 
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The Legal 500 2013, 2016, Recommended for Real Estate & Construction - Construction
 
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The Legal 500 2010, Recommended on the East Coast for Construction
 
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The Legal 500 2009, Recommended in the Southeast for Construction
 
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Super Lawyers Magazine 2007, 2016, Listed in Washington, D.C. for Construction Litigation: Business, Construction/Surety
 
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Super Lawyers Magazine 2006, 2014-2015, Listed in Virginia for Construction Litigation, Construction/Surety
 
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Martindale-Hubbell, AV Rated
 
Published Works & Lectures
 
Publications
 
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Construction Scheduling: Liability, Claims and Disputes, Co-Author, Third Edition, Aspen Publishers, 2010
 
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Proving and Pricing Construction Claims, Author, Chapter 4, "Acceleration Claims," Aspen Law & Business, 2001
 
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Briefing Paper, Co-Author, "Contracting with the U.S. Postal Service II," Federal Publications, Inc., October 2002
 
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Public Contract Law Journal, Co-Author, "Use of Critical Path Method Techniques in Contract Claims: Issues and Developments, 1974 to 1988," Co-Author, Vol. 18, No. 2, March 1989
 
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Construction Briefings, Co-Author, "Contracting for the Construction of Power Generation Facilities," Federal Publications, April 1989
 
 
Speaking Engagements
 
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PMI College of Scheduling Annual Meeting, Speaker, "Update on Legal Developments and Recent Case Law on CPM Scheduling," 2008 and 2010
 
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Board of Contract Appeals Trial Practice Seminar, Speaker, "Effective and Ethical Practice Before the Board of Contract Appeals," October 2006
 
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Board of Contract Appeals Bar Association Annual Meeting, Speaker, "Board of Contract Appeals Trial Practice - Discovery Issues," October 2003
 
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Thomson West Construction Contractor Year in Review Conference, Speaker, "Recent Issues in Construction Scheduling and Project Management," 2001-2005
 
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Akerman, Speaker, "Contracting with the U.S. Postal Service"
 
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Akerman, Speaker, "Changes, Modifications and Claims under U.S. Postal Service Contracts"
 
Professional Memberships & Activities
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American Bar Association, Public Contract Law Section, Member
 
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District of Columbia Bar, Government Contract and Litigation Sections, Member
 
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Associated General Contractors of America, Member
 
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Project Management Institute's College of Scheduling, Member
 
Related Professional Experience
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U.S. Postal Service, Office of Contracts and Property Law, Trial Attorney, 1985-1987
 
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U.S. Postal Service, Assistant Regional Counsel, 1982-1985
 

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Stephen B. Hurlbut

Practice
Construction
Education
J.D., Washington University School of Law, 1981
B.A., University of Virginia, 1977; with distinction
Bar Admissions
District of Columbia
Virginia
 
 
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