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 Partner
Smith Pachter McWhorter PLC
8000 Towers Crescent Drive, Suite 900
Vienna, Virginia 22182
Telephone: (703) 847-6300
Fax: (703) 847-6312
jcook@smithpachter.com
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Practice Focus
Construction Law
Commercial Litigation
Government Contract Law
Representative Experience
Mr. Cook’s practice concentrates on all phases of commercial
litigation. He has been involved in dispute resolution through
negotiation, various alternative dispute resolution processes
such as mediations and mini-trials, trials at administrative
tribunals, and in federal and state courts. He has particular
expertise with regard to the presentation and litigation
of complex construction matters. Mr. Cook has participated
in the representation of major national and international
contractors, as well as local 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.
Like the clients served, the construction projects have ranged
from large to small, including national, multi-million dollar
projects such as food processing plants, a federal courthouse,
a copper refinery, a light rail transit system, and a cogeneration
plant, as well as local roadway construction and building
renovation projects.
Mr. Cook also works extensively as Project Counsel to large
industrial construction projects. In this capacity, Mr. Cook
has represented the owner in planning and building a refinery,
a boiler and a sugar mill. 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 serves each client in an efficient and effective
manner, attending to all the needs of any construction matter
from dispute avoidance to dispute resolution. The matters
he has worked on have included redrafting standard form contracts,
negotiating contracts, overseeing the construction process,
negotiating disputes, and handling litigation. His litigation
practice has involved extensive motions practice, document
discovery, depositions, claim analysis, expert analysis and
case presentations involving multiple fact and expert witnesses.
Mr. Cook was formerly an instructor on Contract Claims at
the George Washington University Law School Government Contracts
Program. He has also spoken on a variety of construction
issues, including a panel discussion on insurance issues
at the 2004 Construction Superconference and a presentation
on extra-contractual damages in ADR at the April 2005 ABA
Section of Dispute Resolution Conference.
Mr. Cook also has extensive experience in the litigation
of commercial matters and the presentation and litigation
of bid protests and other actions related to the procurement
of government contracts.
Education
The American University, Washington College of Law (J.D.,
cum laude, 1993)
Haverford College (B.A., Political Science, 1990).
Professional Licenses
Admitted to Practice:
Commonwealth of Virginia, 1993
District of Columbia, 1995
Faculty Member, George Washington University Law School,
Government Contracts Program, 1999 to 2003.
Publications
Co-author: Chapter 23, “Obtaining Time Extensions” in
Construction Law Handbook, edited by Cushman & Myers
(Aspen Publishing 1999); Co-author: Construction Law (Chapter
26, Handbook for Local Government Attorneys, July 1996);
Contributor: Construction Law and Public Contract News (Virginia
State Bar Publication); Author and Editor: The Securities
Enforcement Remedies and Penny Stock Reform Act of 1990:
The Cost of Flexibility (6 Admin. L.J.Am.U. 359, 1992)
Professional Memberships
Virginia State Bar; District of Columbia Bar; American Bar
Association (Sections on: Public Contract Law; Litigation);
Associated Builders & Contractors (Associate Member);
National Contract Management Association (NCMA); Chairman,
NCMA Construction Special Topic Committee; Local Government
Attorneys of Virginia; The Order of Barristers
Representative Matters
Construction claims, including delay, disruption, inefficiency
and acceleration elements, as well as cost issues involving
Federal Acquisition Regulations (FAR) and DCAA audits.
Contract negotiation and review for contractors, subcontractors
and owners.
Project Counsel for various industrial construction projects.
Building design defect issues, including complex engineering
and scheduling issues in a default termination setting.
Construction of industrial facilities, including food-grade
processing plants (orange juice processing and sugar refinery)
and power plant.
Construction claims related to a Combined Sewer Overflow
("CSO") project.
Bid protests involving international service contracts and
technology contracts.
Experience in various forms of dispute resolution from negotiation
to mediation to litigation before federal courts, state courts
and administrative tribunals.
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