Attorneys At Law
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Edmund M. Amorosi

Member

Tysons Corner Office
8000 Towers Crescent Drive, Suite 900
Tysons Corner, VA 22182
Phone: (703) 847-6300
Fax: (703) 847-6312

Mr. Amorosi represents clients in the government contracts and construction industries, and private property owners in takings cases against the U.S. Government.  He has appeared in federal and state courts, before administrative agencies and boards, and in alternative dispute resolution settings including mediation and arbitration, both domestic and international. 
 
Mr. Amorosi’s government contracts practice includes procurement, regulatory, and litigation matters for government contractors in a variety of industries.  Mr. Amorosi has served as an interim in-house counsel for a leading private security firm working for the United States Government in a contingency contracting environment.  Mr. Amorosi has experience in bid protests, audits, investigations into whistleblower allegations, overseas construction contracting, preparation of requests for equitable adjustments and contract claims and disputes, small business issues (including size protests and appeals), resolution of prime-subcontract disputes, contract appeals before Boards of Contract Appeals, alternative dispute resolution, review of prime contracts and subcontracts, False Claims Act matters, contractor responsibility and integrity issues, terminations for default and terminations for convenience, debarment and suspension, task order contracting, commercial products, and schedule contracts.  Mr. Amorosi has represented contractors in bid protests and contract disputes before the Government Accountability Office, the U.S. Court of Federal Claims, and various federal and state courts.  Mr. Amorosi has also served as an expert witness in government contract law.

Mr. Amorosi’s construction practice includes the representation of owners, general contractors, subcontractors, and suppliers in litigation matters on public and private projects, including acceleration, delay and disruption claims; payment and performance bond disputes including Miller Act claims; and contract formation, negotiation and administration.  Mr. Amorosi has prepared requests for equitable adjustments and claims, reviewed prime contracts and subcontracts, and litigated prime-subcontract disputes in court and through alternative dispute resolution. 
Mr. Amorosi’s practice also includes commercial litigation and counseling relating to the government contracts and construction industries, including disputes between prime contractors and subcontractors, teaming and confidentiality agreements, joint ventures, and non-compete and non-disclosure agreements.
 
Mr. Amorosi also represents private property owners in disputes with the United States in takings litigation under the Fifth Amendment to the U.S. Constitution.  He is currently involved in takings litigation before the U.S. Court of Federal Claims.

Education

George Mason University School of Law, J.D., 2001
University of Colorado, B.A., International Affairs, 1987

Prior Legal Experience

Law Clerk, The Honorable Loren A. Smith, Senior Judge, U.S. Court of Federal Claims, 2001-2002

Prior Government Experience

Director of Communications, U.S. Senator Judd Gregg
Director of Communications/Press Secretary, U.S. House of Representatives' Committee on Government Reform and Oversight
Legislative Assistant, U.S. Congressman William F. Clinger, Jr.

Representative Matters

International Chamber of Commerce’s International Court of Arbitration proceeding related to the construction of a 105MW power plant located in a contingency contracting environment.

Shee Atika Languages, LLC et al. v. Global Linguist Solutions, LLC, 2014 WL 3810289, (E.D. Va., August 1, 2014) (defended prime contractor from subcontractor’s action seeking $25 million in damages for breach of contract and unjust enrichment; summary judgment entered for defendant prime contractor).

R.E. Daffan, Inc. v. County of Arlington, Va. and County Board of Arlington, Circuit Court of Arlington, Virginia (represented general contractor on public project to construct a maintenance facility; case involved schedule, delay, contract interpretation, and technical issues) (settled).

Mallick Plumbing & Heating, Inc. v. R.E. Daffan, Inc. and The Hartford Fire Insurance Company, Circuit Court of Arlington County, Virginia(defended general contractor and surety from breach of contract and payment bond action asserted by subcontractor (settled). 

T&B Electric Co. v. R.E. Daffan, Inc. and The Hartford Fire Insurance Company, Circuit Court of Prince William County, Virginia(defended general contractor and surety from breach of contract and payment bond action asserted by subcontractor) (settled). 

United Sheet Metal v. R.E. Daffan, Inc. and The Hartford Fire Insurance Company, Circuit Court of Arlington County, Virginia (defended general contractor and surety from sub-subcontractor’s payment bond claim) (settled). 

Variq Corp., B-407193, November 27, 2012, 2013 CPD ¶ 233 (successful defense of contract award to intervenor).

International Chamber of Commerce’s International Court of Arbitration proceeding related to the design and operation of an explosives manufacturing facility.

Interim in-house counsel for leading private security firm working in a contingency contracting environment.

Expert witness in matter relating to the enforcement of a non-compete agreement in the government contracts law context.

Co-counsel in internal investigation prompted by allegations of overbilling by whistleblower; conducted employee interviews and drafted investigative report. 

Prosecution of claims against the United States in federal court arising from oil and gas property rights and related breach of contract claims.

Claims (including delay, disruption, and acceleration) against a state transportation agency in state court arising out of the construction of a light rail transit system.

Drafted contracts and advised owner on claims arising out of the construction of an agricultural processing facility.

Defended general contractor against subcontractor’s Miller Act bond claim in federal court arising out of the construction of the Olmsted lock on the Ohio River under a U.S. Army Corps of Engineers contract.

Defended general contractor against subcontractor’s mechanic’s lien and contract claims in federal and state courts arising out of the construction of an information technology data warehouse.

Defended general contractor against false claims act allegations arising out of the performance of a U.S.-funded construction contract for a wastewater system in the Middle East.

Defended general contractor against subcontractor’s breach of contract claim in federal court seeking damages for lost profits.

Bid protests and injunctive relief actions involving international security contracts, information technology contracts, weather information and broadcasting, and health care contracts, among others.

Bar Admissions

Commonwealth of Virginia, 2002
New Jersey, 2003
District of Columbia, 2003 

Court Admissions

U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Federal Claims
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. District Court for the District of Columbia
Supreme Court of Virginia
D.C. Court of Appeals
Supreme Court of New Jersey

Professional Memberships

Legal

American Bar Association - Section of Public Contract Law (Vice-Chair of the Construction Division); Forum on the Construction Industry; Section on Litigation
Federal Bar Association – Government Contracts Section
U.S. Court of Federal Claims Bar Association
Board of Contract Appeals Bar Association
Virginia State Bar Association, Section on Construction and Public Contracts
Virginia Bar Association, Section on Construction and Public Contracts Law, Council Member, 2013 - present
District of Columbia Bar Association
George Mason University School of Law Alumni Association Board of Directors, 2001-2005

Industry Groups

Associated General Contractors – Member, International Construction Committee;Project Delivery Forum
Associated Builders and Contractors
National Contract Management Association, Member, Tysons Corner Chapter
National Defense Industrial Association – Member, Legal Committee
Professional Services Council

Publications

Co-author, The Arbitration Hearing, Chapter 10, Construction ADR, ABA Forum on the Construction Industry © 2014 American Bar Association

Editor, Arbitration Road Map for Virginia, © Virginia Law Foundation (2011).

Co-author, Alternative Dispute Resolution, Chapter 23, Virginia Construction Law Deskbook, © Virginia Law Foundation (2008).

Co-Author, Overseas Construction Under USAID Regulations: Not Business As Usual, (The Procurement Lawyer, Fall 2007, No. 43, Vol. 1), © The American Bar Association.

Author, Arbitrators, Not Courts, Decide Procedural Issues in Arbitration, (Conflict Management, Fall 2007, Vol. 12, Issue 1), © The American Bar Association.

Speaking Engagements

Instructor, Audits and Investigations, District of Columbia Bar, Continuing Legal Education, October 18, 2017, Washington, D.C.

Panelist, Arbitration of Prime-Sub Disputes, American Bar Association, Section of Public Contract Law, Contract Claims and Disputes Resolution Committee, September 27, 2017, Washington, D.C.

Instructor, Formation of Government Contracts and Protests, District of Columbia Bar, Continuing Legal Education, July 19, 2017, Washington, D.C.

Presenter, Developments in Arbitration Law on panel entitled State and Federal Court Practice Update: Evidence, Arbitration, Jurisdiction and Venue, Virginia Bar Association’s 123rd Annual Meeting, January 24-26, 2013, Williamsburg, Virginia.

Presenter, Protecting Contractor Information: Demand for Public Access Puts Commercially Sensitive Information At Risk, National Contract Management Association’s Greater Iowa Chapter’s 30th Anniversary Winter Seminar, April 19, 2011, Des Moines, Iowa.

Presenter, Industry Summit on DOD Contracting: Government Contract Costs and Contract Terminations, American Conference Institute, June 21, 2010, Rosslyn, Virginia.

Co-Presenter, Contract Risk Management, Associated General Contractors, Northern Virginia Chapter, May 13, 2008, Manassas, Virginia.

Co-Presenter, Protecting Your Right to Timely Payment on Public and Private Projects, Associated General Contractors, Northern Virginia Chapter, February 14, 2008, Manassas, Virginia.