Vandeventer Black and Woods Rogers to Merge, Forming Virginia-Based Powerhouse Law Firm

James R. Harvey

Office Location: Norfolk, VA.

Education
  • B.A., University of Virginia
  • J.D., Marshall-Wythe School of Law, College of William & Mary (Executive Editorial Board, William & Mary Law Review)
Jurisdiction Licensed
  • Virginia
  • Maryland
Professional & Community Activities
  • Associated General Contractors of Virginia, General Counsel
  • Virginia Transportation Construction Alliance, General Counsel
  • Norfolk Board of Zoning Appeals, Past Chair
  • Norfolk & Portsmouth Bar Association Foundation, Past President
  • Virginia Bar Association – Past Chair Section on Construction & Public Contracts
  • Tidewater Aquatic Club, Past President
Notable Accomplishments
  • Martindale-Hubbell® AV Preeminent® Peer Review Rating
  • Listed in Best Lawyers in America®: Construction Law (2013-present)
  • Listed in Best Lawyers in America® as “Lawyer of the Year,” Construction Law, Norfolk (2020)
  • Thompson Reuters, “Virginia Super Lawyers,” Surety, Construction Litigation: Business, Eminent Domain, Government Contracts, Land Use/Zoning, Professional Liability: Defense (2007-present)
  • Virginia’s Legal Elite, Construction Law (2005-present)
  • CIVIC Hampton Roads Graduate (2007)
  • Norfolk & Portsmouth Bar Association’s, Walter E. Hoffman Community Service Award
  • Hampton Roads’ Top 40 under 40
  • Coastal Virginia Magazine, “Top Lawyers,” Construction (2016-present)

Jim Harvey is a firm leader who successfully helps clients navigate the construction process and resolve commercial disputes.

Jim is there for his clients whether it is contract negotiations and preparation, construction and payment disputes, construction defects and property damage casualties, mechanic’s liens and surety claims, construction claims, bid protests, government contract disputes, land use citations and zoning appeals, or other commercial disputes.

EXPERIENCED COUNSELOR AND LITIGATOR
He regularly appears in state and federal court as well as arbitration panels and boards of appeal representing the needs of contractors, subcontractors, suppliers, owners, developers, engineers, architects, consultants, insurers, sureties, and many other businesses. Jim makes it a point to thoroughly understand his client’s business so that he can proactively advise clients on business practices, but, when necessary, resolve any disputes in the most efficient manner possible. Many of Jim’s engagements involve projects of local, regional, and even international importance, and he is able to use these experiences to help clients with every new problem.

VOICE OF THE CONSTRUCTION INDUSTRY IN VIRGINIA
Jim serves as legal counsel to two of the largest construction industry organizations in Virginia: the Associated General Contractors of Virginia, and the Virginia Transportation Construction Alliance. Through his knowledge of construction law, he helps craft, evaluate and advocate new legislation impacting the construction industry and works to advance the industry throughout Virginia.

LAND USE AND ZONING
Jim assists clients in land use and zoning issues. He is the former Chair of the Norfolk Board of Zoning Appeals and understands how to work with local planning staff and zoning boards to accomplish the owner’s objective.

FIRM LEADER
As a member of the firm’s Executive Board responsible for the governance and operations of Vandeventer Black, he keenly understands the needs of business owners. He is the past president of the Norfolk & Portsmouth Bar Association, one of the largest and oldest local bar associations in Virginia. Prior to becoming a lawyer, he was an artillery officer in the United States Army and the Virginia National Guard.

BACK HOME
Jim’s wife and three daughters are all smarter, more accomplished and much better looking than him. Accustomed to confrontation, on weekends you will find him on soccer fields all over Virginia as a referee. Otherwise, Jim finds peace in biking, hiking, golfing or being outdoors with his dogs and family.

Representative Matters
  • Won jury trial exceeding $1.9M plus interest and attorney’s fees for general contractor against quality assurance inspector for construction of a bridge on Interstate I-81. W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP, 6:17cv00018 (W.D. Va. 2021). Also prevailed at the 4th Circuit Court of Appeals, 934 F.3d 398 (4th Cir. 2019).
  • Represented terminal operator following catastrophic fire at a wood pellet storage and shipping terminal with damages exceeding $90M.
  • Represented general contractor for the construction of the Lesner Bridge in Virginia Beach Virginia in dispute with drilled shaft foundation subcontractor and city – successfully resolved through mediation.
  • Represented coal terminal in dispute with engineering company concerning premature corrosion damage to concrete pier following repairs.
  • Won summary judgment against tax preparation franchisor in commercial dispute concerning franchise lease locations. JTH Tax, Inc. v. Shahabuddin, 2021 U.S. Dist. LEXIS 158072 (E.D. Va. 2021).
  • Successfully represented steel erector following a catastrophic collapse during construction of a large warehouse and processing facility.
  • Successfully represented general contractor in arbitration in dispute with steel erector for the construction of a large facility for Army Corps of Engineers.
  • Prevailed in arbitration for general contractor in commercial dispute with joint venture partner over fraudulent accounting and misappropriation of funds from nationwide multiple award construction contract program on U.S. Army bases.
  • Successfully resolved claims of differing site conditions and defective plans with the U.S. Army Corps of Engineers concerning large earthwork and structures contract.
  • Successfully represented general contractor for a signature bridge in an East Coast city in dispute with deep foundation subcontractor.
  • Successfully represented precast concrete supplier in dispute with general contractor for another signature bridge in another East Coast city.
  • Negotiate several subcontracts and resolved disputes with Hampton Roads Constructor Partners for portions of work on the widening of the Hampton Roads Bridge Tunnel – Virginia’s largest construction project.
  • Represented nationwide commercial general contractor for private student housing in construction defect lawsuit concerning water intrusion.
  • Represented developer in appeal of decision of Board of Zoning Appeals concerning permitted uses.
  • Successfully Represented truck terminal facility in land use dispute of permitted uses.
  • Successfully Represented commercial landowner regarding land-use citations and dispute concerning obligations to fund infrastructure projects with City.
  • Successfully represented contractor in resolving dispute with competitor over claims of tortious interference of contract and trade secret violations.
News
Virginia’s New Construction Payment Terms (Part 2)
/ Construction
(Part two of a two-part article series)  This article is a continuation of Monday’s article, and we will be discussing in detail the new payment terms for all construction contracts in Virginia. ARE “PAY-WHEN-PAID” CLAUSES A THING OF THE PAST IN VIRGINIA? KINDA, SORTA, MAYBE.  Starting January 1, 2023, all ...
Read More
Virginia’s New Construction Payment Terms (Part 1)
/ Construction
(Part one of a two-part article series)  Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the payment landscape may have just created more uncertainty for Virginia contractors. On April 11, 2022 Governor Younkin signed Senate ...
Read More
Joint Check Agreement Causes Big Trouble in Virginia
/ Government Contracts
Many general contractors manage the risk of a subcontractor’s financial instability by issuing joint checks to the subcontractor and its suppliers on a project. These arrangements are usually governed by a separate agreement that sets forth the roles and rights of the parties, and limits the general contractor’s liability to ...
Read More
Articles
Virginia’s New Construction Payment Terms (Part 2)
/ Construction
(Part two of a two-part article series)  This article is a continuation of Monday’s article, and we will be discussing in detail the new payment terms for all construction contracts in Virginia. ARE “PAY-WHEN-PAID” CLAUSES A THING OF THE PAST IN VIRGINIA? KINDA, SORTA, MAYBE.  Starting January 1, 2023, all ...
Read More
Virginia’s New Construction Payment Terms (Part 1)
/ Construction
(Part one of a two-part article series)  Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the payment landscape may have just created more uncertainty for Virginia contractors. On April 11, 2022 Governor Younkin signed Senate ...
Read More
Joint Check Agreement Causes Big Trouble in Virginia
/ Government Contracts
Many general contractors manage the risk of a subcontractor’s financial instability by issuing joint checks to the subcontractor and its suppliers on a project. These arrangements are usually governed by a separate agreement that sets forth the roles and rights of the parties, and limits the general contractor’s liability to ...
Read More
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