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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
jshaffer@smithpachter.com
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*AV® Peer Rated
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Practice Focus
Government Contracts, Construction Law and
Commercial
Litigation
Representative Experience
Mr. Shaffer is a member of the District of Columbia, Maryland and Virginia bars and has litigated government contract and construction disputes in federal and state courts around the country.
Mr. Shaffer’s government contracts practice has included bid protests, cost and pricing issues, audits and investigations, preparation of requests for equitable adjustments and claims, small business issues (including size protests and appeals), resolution of prime-subcontract disputes, prosecution of contract appeals before Boards of Contract Appeals, alternative dispute resolution, review of prime contracts and subcontracts, Freedom of Information Act matters, contractor responsibility and integrity issues, Buy America Act issues, terminations, defective pricing, debarment and suspension, data rights claims, task order contracting, commercial products and schedule contracts.
Mr. Shaffer has represented contractors in protests and appeals before the Government Accountability Office, the General Services Board of Contract Appeals, the Maryland State Board of Contract Appeals, the Armed Services Board of Contract Appeals, the District of Columbia Contract Appeals Board, the United States Court of Federal Claims, Federal District Courts and Courts of Appeals and numerous state Courts.
Mr. Shaffer’s construction practice has included preparation of requests for equitable adjustments and claims, review of prime and subcontracts, resolution of prime subcontract disputes, joint venture agreements, Miller Act claims, alternative dispute resolution, cost and pricing issues, design build and EPC contracting and bid protests.
Mr. Shaffer’s practice also includes commercial litigation relating to the Government contracts and construction industry, including teaming and confidentiality agreement disputes, defense of improper employment termination, and business tort actions.
Education
American University, Washington College of Law(J.D., magna cum laude, 1989), Honor Society, Halpern Prize;
University of Pennsylvania (B.A., 1985)
Professional Licenses
Admitted to Practice:
Commonwealth of Virginia, 1989
District of Columbia and U.S. Claims Court, 1990
Maryland 1998
Smith, Pachter, McWhorter & Allen, P.L.C.; Partner, 1997-present,
Associate, 1989-1996
Associate Editor, Public Contract Law Journal, 1992-1993
Associate Editor, NCMA Journal of Contract Management, 2003 –
Faculty Member: George Washington University Law School
Government Contracts
Program 1997 - 2003
Publications
"No Rest for the Weary: Bid Protests in Virginia", 55 Virginia Lawyer 26 (October 2006); Co-author: "Medicare Contracting Reform, New Opportunities New Risks", 83 Federal Contracts Report 598, The Bureau of National Affairs, Inc., June 21, 2005; Contract Claims, The George Washington University National Law Center Government Contracts Program, 1992-2003; "Feature Comment: Past Performance As An Evaluation Factor-Getting It Right", 41 Government Contractor 1 (January 6, 1999); "The FAR Part 15 Rewrite," Briefing Papers 2d, No. 98-5 (April 1998); “Past Performance as an Evaluation Factor in Federal Construction Procurements: The Changing Landscape”, Construct! (Summer 1998);"Feature Comment - Source Selection Provisions of the FAR Part 15 Rewrite -- A Train Wreck Avoided," 39 Government Contractor 578 ( December 10, 1997); "Challenges and Pitfalls in Drafting Arbitration Clauses", Construction Briefings, No. 97-3 (March 1997); "The Equal Access to Justice Act: Has It Leveled the Playing Field in Actions Before the Boards of Contract Appeals?" 66 Federal Contracts Report 246, The Bureau of National Affairs, Inc., September 16, 1996; "Feature Comment - Past Performance As An Evaluation Factor - Opening Pandora's Box," 38 Government Contractor 280, June 12, 1996; Government Contract Claims, The George Washington University National Law Center Government Contracts Program, 1992-2001; Chapters 8 and 9, Bid Protests, Bid Responsiveness, Bidder Responsibility and Mistakes in Bid, Construction Law Handbook (Aspen Publishers 1999);
Contributing Author: Public Assembly Facility Law (Government Contracts and Construction Disputes Chapters), International Association of Assembly Managers, 1998; Program and Contract Changes, National Contract Management Association, National Education Seminar, 1996.
Professional Memberships
Virginia State Bar;
District of Columbia Bar;
American Bar Association (Member, Public Contract Law Section; Section Council Member 2000-2003
Vice-Chair, Privacy, Security and Protection of Data Committee, 2006-;
Co-Chair, Electronic Commerce Committee 2001- 2005;
Vice-Chair, Alternative Dispute Resolution Committee, 1999-;
Vice-Chair, Bid Protest Committee, 1991-1995)
Board of Contract Appeals Bar Association;
National Contract Management Association (2001 Recipient National Achievement Award; Co-Chair, Alternative Dispute Resolution Committee, 1998-2004)
* "CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies."
Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.
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