Andrew J. Foti
Associate
Smith Pachter McWhorter PLC
8000 Towers Crescent Drive, Suite 900
Vienna, Virginia 22182
Telephone: (703) 847-6300
Fax: (703) 847-6312
Download a vCard
Practice Focus:
Construction Law
Government Contracts
Commercial Litigation
Education:
American University, Washington College of Law (J.D., cum laude, May 2005)
University of Miami (B.B.A., Business Law and Finance, magna cum laude, May 2002)
Representative Experience:
Andrew Foti practices in the areas of construction and government contracts law. He has extensive experience in advising and counseling contractors regarding the Federal Acquisition Regulations (FAR), claims evaluation and analysis, and litigation strategy. Mr. Foti has represented contractors in state and federal courts, as well as before administrative agencies. He also represents local engineers, builders, and contractors in the Washington metropolitan area on matters in the circuit courts and general district courts of Virginia and D.C. Superior Court. Mr. Foti has been involved in numerous negotiations, which resulted in advantageous settlements for his clients. He also has experience with the American Arbitration Association.
Mr. Foti's practice includes representation of prime and subcontractors involved with national and international design-build projects, demolition and site remediation, international trucking and logistics, as well as domestic currency contracts and federal service contracts. He advises clients regarding Inspector General investigations, breach of contract claims, differing site condition claims, termination for default, delay charges, breach of warranty claims, suspension and debarment issues, fraud and false claims, and contractor responsibility and integrity issues. He also advises clients on grant law, federal loan guarantee programs, and contracts involving American Recovery and Reinvestment Act funds (ARRA).
Mr. Foti has recently published an article on disclosure of executive compensation requirements under ARRA and the Federal Funding and Accountability Transparency Act. He also helped prepare presentations on contract termination, settlement proposals, and top issues facing contractors accepting federally funded contracts.
Prior Experience:
Law Clerk, The Honorable Anna Blackburne-Rigsby, Associate Judge, District of Columbia Court of Appeals, 2007-2008
Law Clerk, The Honorable Judith N. Macaluso, Associate Judge, District of Columbia Superior Court, 2005-2007
Court Admissions:
Admitted to Practice:
Virginia, 2009
District of Columbia, 2006
Florida, 2005
Professional Memberships:
National Contract Management Association
Metropolitan Washington Road & transportation Builders Association
Associated General Contractors Young Contractors Forum
William B. Bryant American Inn of Court
Publications:
Andrew J. Foti, Competitive Strategies Unveiled: Executive Compensation Disclosure and Construction Contracts, The Construction Institute Zone, Vol. 9 Iss. 3 (Fall 2009).
Andrew J. Foti, Contingency Fees Agreement: Remedying the Enormous Tax Burden of the AMT to Clients, 1 Bus. L. Brief (Am. U.) 27 (Spring 2004)
Ann Morales Olazabal, and Andrew J. Foti, Consumer Bankruptcy Reform and 11 U.S.C. § 707(b): A Case-Based Analysis, 12 B.U. Pub. Int. L.J. 317 (Spring/Summer 2003)