Tysons Corner Office
8000 Towers Crescent Drive, Suite 900
Tysons Corner, VA 22182
Phone: (703) 847-6300
Fax: (703) 847-6312
For over 40 years, Mr. Smith has been primarily engaged in matters relating to construction and contract disputes resolution. Currently his practice involves dispute resolution as a mediator, arbitrator, project neutral and Disputes Review Board member in construction related issues. He has dispute resolution experience with contractors, owners, subcontractors and design professionals, including public and private projects. He has helped resolve disputes dealing with delay claims, CPM scheduling, differing site conditions, contract terms and specification interpretation issues, defective specifications, change order pricing, extra work claims, inefficiency claims, and contract administration issues.
Mediator; Arbitrator; Project Neutral; DRB Member. Serves as a neutral in private and as a member of the Mediation and Arbitration Panels of the American Arbitration Association. Works with parties involved in construction contract disputes to assist in resolving all types of claims involving private and government contracts.
Smith, Pachter, McWhorter PLC; Partner 1986-1999, Senior Counsel 2000-present
Wickwire, Gavin; Partner, 1980-1986
Lewis, Mitchell & Moore; Partner, 1976-1979, Associate 1972-1976
B.S. Wake Forest University, 1962-1966 (Cum Laude)
LL.B. University of Virginia, 1966-1969
LL.M. George Washington University Law School, 1971-1973 (Government Procurement Law with Highest Honors)
Mr. Smith is a member of the AAA Commercial Panel of Arbitrators and the AAA Panel of Mediators. In over 250 ADR proceedings, Mr. Smith has served as a mediator, arbitrator, project neutral and Dispute Review Board member.
United States Air Force; Captain, Judge Advocate General’s Corps, 1969-1972
Assistant to the Chairman of the Armed Services Board of Contract Appeals, 1971-1972
“Alternative Dispute Resolution,” Chapter 23, Virginia Construction Law Deskbook (with
Edmund M. Amorosi), © Virginia Law Foundation 2008
Co-Author: Richard F. Smith, Val S. McWhorter & W. Stephen Dale, Differing Site Conditions, ABA FORUM ON CONSTRUCTION INDUSTRY: CONSTRUCTION LAW TEXTBOOK (AMERICAN BAR ASSOC.) (Allensworth, et al. ed., 2008).
Co-Author: Obtaining Time Extensions by Richard F. Smith and John Marshall Cook, Chapter 23 in Construction Law Handbook, R. Cushman & J. Myers eds. (Aspen Publishing 2008)
Discovery Deskbook for Construction Disputes, ABA Books, 2007
“Innovations in Arbitration: Improving the Presentation of Evidence in Construction Arbitration,” Dispute Resolution Journal, August-October 2003, p. 30.
Tips on Effectively Presenting Construction Cases in Arbitration – From An Arbitrator’s View Point, ABA Section on Dispute Resolution, Annual Meeting, March 2003
“Overhead Costs,” Federal Government Construction Contracts, American Bar Association Forum on the Construction Industry, 2003
“Practical Uses of CPM Scheduling,” Construction Briefings No. 2002-2, February 2002 “Scheduling for a Construction Project,” Fundamentals of Construction Law, American Bar Association, Forum on the Construction Industry, 2001
“Project Overhead: A Dilemma Faced by Federal Government Contractors,” The Construction Lawyer, Vol. 21, No. 4, 2001
Co-author: Government Contracts and Construction Disputes by Richard F. Smith and Jonathan Shaffer, Chapters 3 and 14 in Public Assembly Facility Law (Int'l Assoc. of Assembly Managers, 1998)
“Discovery in Arbitration Proceeding Under Virginia’s New Uniform Arbitration Act” Virginia Bar News, February, 1997
“Dysfunctional ADR: Tips to Avoid the Pain,” The Construction Lawyer, Vol. 16, No. 4, 1996
“Dobson v. Rutgers: A Roll of the Dice for Multi-Prime Contractors,” The Construction Lawyer, 1984
“Scheduling and Proof of Claims,” Construction Briefings No. 82-6
“The Use of Critical Path Method Techniques in Contract Claims,” 7 Public Contract Law Journal 1, 1974
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