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Jennifer A. Mahar


Tysons Corner Office
8000 Towers Crescent Drive, Suite 900
Tysons Corner, VA 22182
Phone: (703) 847-6277
Fax: (703) 847-6312

Ms. Mahar's practice focuses on commercial disputes in the government contracting and construction industries. She represents contractors, subcontractors, owners and sureties in all phases of project development and construction including contract formation, project management and dispute resolution. Her experience includes the prosecution and defense of claims in litigation, as well as the successful resolution of claims through various forms of ADR.  She has been selected to the Virginia and District of Columbia Super Lawyers 2019-2020 list in the area of construction litigation. She has also been peer-selected for inclusion in The Best Lawyers in America® in the area of Construction Law in 2020.


Catholic University of America, Columbus School of Law
(J.D., cum laude, 1995)

  • Recipient, American Jurisprudence Award for Excellence in Civil Procedure
  • Lead Articles Editor, Journal of Contemporary Health Law and Policy
  • Member, Moot Court, National Environmental Law Appellate Team

The College of William and Mary (B.S. Biology, 1991)

Professional Bar Licenses



District of Columbia

Legal Experience

Smith Pachter McWhorter PLC, 1999 - present

Assistant Commonwealth's Attorney, Portsmouth, Virginia, 1996 - 1999

Professional Memberships

Virginia State Bar, Construction Law and Public Contracts Section, Past-Chair of Board of Governors

National Association of Women In Construction, Past Chapter President, The Greater Washington, DC Chapter

Maryland State Bar Association, Construction Section

American Bar Association

Associated Builders and Contractors

Recent Publications and Presentations

Speaker: P3 Projects: Strategies for Creating the Concessionaire Team, American Road and Transportation Builders Association, 11th Annual law & Regulatory Forum, June 2019. 

Speaker: “Best Practices for Managing Cost and Schedule While Ensuring Performance,” National Contract Management Association, Word Congress, July 2018.

Speaker: “P3 Projects: Creating the Concessionaire Team,” 38th Annual Construction and Public Contracts Law Seminar, Virginia State Bar, November 2017.

Speaker: “Takeover Agreements – Issues Between the Obligee and the Surety,” ABA Fidelity and Surety Law Committee Spring Meeting, May 2016.

Speaker: “Potential Payment Obstacles to Avoid,” The Virginia Chapter of ICRI 2008 Fall Symposium, Williamsburg, VA.

Author:  Chapter 2, Licensing of Contractors, Architects and Engineers, VIRGINIA CONSTRUCTION LAW DESKBOOK (Virginia CLE Publications) (Smith, ed., 2019).

Co-Author: Supplement to Chapter 49, Virginia, in State-by-State Guide to Architect Engineer and Contractor Licensing (Walker, et al., ed., 2019).

Co-Author: Chapter 5, Introduction to Electronic Discovery.  Discovery Deskbook for Construction Disputes (American Bar Assoc.) (Cook, et al., 2d ed., 2015).

Co-Author: Chapter 9, District of Columbia Construction and Design Law, in “State-by-State Guide to Construction & Design Law” (Little, ed., 2008).