Attorneys At Law
Print Bio

John Marshall Cook

Member

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

Mr. Cook’s practice concentrates on all phases of the construction process from project inception through dispute resolution.  In his 24 years of practice, he has been involved in dispute resolution through negotiation, mediations and arbitrations (both domestic and international), trials at administrative tribunals, and federal and state courts trials.  Mr. Cook has extensive experience with all manners of complex construction claims, with particular expertise in cost and schedule analysis related to delay, disruption, inefficiency and acceleration claims.

He has participated in the representation of major national and international contractors on a wide variety of construction issues.  He has also participated in the representation of owners involved in construction projects, ranging from large national corporations to Virginia local governments.

Mr. Cook has lead litigation teams working on a wide array of industrial projects, including a TNT plant, power plants of all types, a copper refinery, a chemical demilitarization plant, and a sugar refinery, among others.

Mr. Cook also works extensively as Project Counsel to large industrial construction projects. The advice and counsel provided includes evaluating potential project delivery systems, drafting contract forms, planning insurance coverage, selecting contractors, establishing project procedures and resolving project disputes as they arise.

Mr. Cook is a Fellow in the American College of Construction Lawyers.  He is a guest lecturer for the University of Virginia School of Law on construction scheduling and was formerly an instructor on Contract Claims at the George Washington University Law School Government Contracts Program.  He is a frequent speaker on various construction issues.

Education

The American University, Washington College of Law (J.D., cum laude, 1993)

Haverford College (B.A., Political Science, with honors, 1990).

Professional Licenses

Admitted to Practice:

Commonwealth of Virginia, 1993

District of Columbia, 1995

Publications and Speaking Engagements

Faculty, ABA Forum on Construction Law Trial Academy Program, 2018

Guest Instructor, University of Virginia Law School, Construction Law Seminar on Project Scheduling and CPM Analysis, 2016-present.

Co-author, “Overhead Costs,” Chapter 21, Federal Government Construction Contracts, 3rd Edition, 2017

Co-author, “Social Programs, Preferences and Incentives,” Chapter 9, Construction Law: State and Local Projects, 2017.

Co-author, “Obtaining Time Extensions,” Chapter 23, in Construction Law Handbook, Cushman & Meyers, 1999, revised 2009 & 2017.

Co-editor, Discovery Deskbook for Construction Disputes, 2nd, 2016.

Speaker, Risk Allocation During Pre-Construction Phase Services: Expectations, Perceptions, and Reality,” The Construction SuperConference, San Francisco, CA, December 2011.

Speaker, “Contract Administration,” Module 2, Associated General Contractors of America, Project Manager Development Program, Arlington, VA, August 2010.

Speaker, “Construction Contract Negotiation: Minimize Claims and Allocate Risk,” Webinar by WPL Publishing Co. and Construction Claims Advisor, May 2010.

Speaker, “Look Before You Leap – Strategies for Federal Contracting,” The Construction SuperConference, San Francisco, CA, December 2009.

Speaker, “Contracting with Federal Dollars,” The Moles Annual Meeting, New York City, November 2009.

Speaker, “Tiptoeing Through the Government Contract Minefield,” ABA Forum on the Construction Industry’s Fall Meeting, Philadelphia, PA, October 2009.

Co-author, “Virginia Construction Law” Chapter in The Handbook for Local Government Attorneys, published by the Local Government Attorneys of Virginia, revised ed. 2008.

Lecturer, ABA Forum on the Construction Industry, Fundamentals of Construction Law course, October 2006.

Instructor, The George Washington University/ESI International Government Contracts Program, Contract Claims Course, April 1999 through April 2003.

Frequent speaker and panelist on various issues related to construction law and the construction industry.

Professional Memberships

American Bar Association, Public Contract Law and Litigation Sections

Virginia State Bar

District of Columbia Bar

The Beavers

Associated Builders & Contractors of Virginia

Associated General Contractors of DC

Representative Matters

Fairfax County Circuit Court litigation brought by a subcontractor against the prime contractor (Bechtel National Inc.) at the Pueblo Chemical Demilitarization Plant in Pueblo, CO.  Judgment in favor of client fully defending against plaintiff’s $82 million in claims.

International ICDR arbitration for a project involving the potential storage of natural gas in a depleted oil field in Brazil.  Defended designer (PB-ESS) against claimed defects in the Front-End Engineering Design Report.

New Jersey state court trial of a $70 million dispute regarding the construction of the Hudson Bergen Light Rail transit system.  Defended designer (Parsons Brinkerhoff) against claims from contractor and its electrical subcontractor.  Case settled favorably after the trial commenced.

Federal court jury trial resulting in a verdict for the client (Alliant Techsystems Inc.) and nearly complete defense of more than $7 million in contractor claims related to delays, acceleration and changes during the construction of a Nitric Acid/Sulfuric Acid Concentration Plant.

Claim preparation and resolution on $2.2 billion Ivanpah Solar Electric Generating System in California’s Mohave Desert.  Prepared and successfully resolved extensive claims for delay and disruption on behalf of the contractor.

International ICC arbitration panel awarded client more than $20 million in damages related to the design and construction of the first TNT plant constructed in the United States in over 40 years.  Award represented nearly complete recovery of claim value for client (Alliant Techsystems Inc.).

Project counsel for a $500 million modernization effort at the Radford Army Ammunition plant.

Extensive litigation in New Jersey state court on behalf of a large, multinational contractor pursuing more than 80 separate claims, including delays of 240 days, valued at more than $130 million against the State of New Jersey related to the construction of the RiverLine light rail transit system.

Project counsel for United States Sugar Corporation on a fast-track, multi-prime, sugar refinery construction project valued at more than $300 million.  Handled disputes with electrical, mechanical and roofing contractors.

Successfully overturned a termination for default and recovered more than $20 million in damages for an international construction contractor through litigation before the General Services Board of Contract Appeals.

Litigation in Canadian courts defending claims against turbine and HRSG supplier related to equipment supplied for a cogeneration powerplant.

Honors and Leadership Positions

Fellow, American College of Construction Lawyers

American Bar Association, Forum on the Construction Industry

  • Governing Committee – 2017-2020
  • Chair, Special Programs and Education Committee, 2018-present
  • Division 5 Chair – 2015-2017
  • Chair, 2015 Trial Academy / Co-Chair, 2018 Trial Academy
  • Special Programs and Education Committee Member, 2000

Fellow, Project Management College of Scheduling