Michael L. Sterling

Claims and Disputes

• College Research Facility Fire: Counsel for general contractor in multiparty dispute arising from fire. Resolved through mediation (2021).
• Multi-use Trail: Counsel for town in Kevcor v. Town of Cape Charles, Case No.:131CL19000282-00(2021) (Northampton Circuit Court). Dispute over delay on construction project resolved through mediation.
• College Dorm Flood: Counsel for subcontractor in multiparty dispute arising from flooding due to alleged mechanical failure. Resolved through negotiation (2021).
• Insurance Coverage for Historic Church Fire: Counsel for historic church in negotiation of insurance coverage for damage from a fire that arose during renovations. Resolved through negotiations between potentially responsible parties and insurers (2020).
• Improper Default Termination: Counsel for subcontractor in McClain & Co., Inc. v. The Truesdell Corporation, Case No.: CL1901677F-15 (2019) (Newport News Circuit Court), in dispute regarding default termination of subcontract for the Virginia Department of Transportation project MMMBT North Approach Waterproofing, l-55. Settled during discovery.
• Multi-Family Plumbing: Co-Counsel for general contractor in Curtis Key Plumbing, Inc. v. Hoy Construction, Inc., Case No: CL18-3311 (2019) (Norfolk Circuit Court), in dispute regarding payment and performance issues on the Norfolk Redevelopment Authority Grandy Village IV, Phase II Project. Settled during discovery.
• Mechanical System: Co-Counsel for subcontractor in Southeastern Mechanical, Inc. v. The Salvation Army, Case No. CL18-24 (2018) (Norfolk Circuit Court), in dispute regarding water damage from sprinkler set-off related to boiler operation, and insurance coverage for alleged defective work. Settled after discovery and mediation.
• Construction Contract Forum Selection Clause: Co-Counsel for general contractor in Atlantic Marine Construction Company, Inc. v. J-Crew Management, Inc., 134 S. Ct. 568 (2013) where the Supreme Court unanimously ruled in favor of the general contractor, AMC.
• Bridge Construction: Co-Counsel for general contractor in dispute regarding claim for delays and other changes on project for the construction of a new bridge from Chincoteague, Virginia to the mainland, a connector spur from the new bridge on the Virginia Eastern Shore.
• Hospital Construction and Renovation: Co-Counsel in design dispute regarding the new construction and renovation of a historic hospital.
• Dam Construction: Counsel to excavation subcontractor in dispute with general contractor and public owner in Virginia regarding differing site conditions related to drilling and grouting.
• Multi-story Retirement Complex: Counsel for general contractor in dispute with owner and architect concerning design defects in building envelope, as well as disputes with various subcontractors.
• State Courthouse: Counsel to steel fabricator in defense of claims by erector for delay, disruption and changed work.
• Hotel: Counsel to architect in defense of claim of alleged design error in light gauge metal steel frame leading to building collapse during construction, and pursuit of third party claim against structural engineer.
• International Airport: Counsel to steel fabricator in defense of claims by erector for delay, disruption and changed work.
• Oceanfront Condominiums: Co-counsel for various condominium associations in disputes with developers and builders related to building envelope defects.
• Communications Facility: Counsel for general contractor in dispute with DoD regarding design defects related to standing seam metal roof on structure intended to house top secret communications equipment, and claims against surety arising from default by electrical subcontractor.
• Hospital: Counsel for masonry subcontractor in connection with claim for design defects and insurance coverage related to building envelope failure.
• Paper Plant: Counsel to international steam turbine manufacturer in dispute related to design and performance of turbine-generator set.
• Football Stadium: Counsel for steel fabricator in connection with dispute involving alleged defective design and delay, disruption and cost impact during construction and renovation of college football stadium.

Protests, Injunctions, and Declaratory Relief

• Improper evaluation of the awardee’s proposed compensation plans in accordance with Federal Acquisition Regulation (FAR) provision 52.222-46 and the solicitation: Matter of The Bionetics Corporation, B-419727 (July 13, 2021). Successful protest at GAO.
• Evaluation reasonable and consistent with the solicitation’s terms and applicable procurement statutes and regulations; agency reasonably investigated the potential Organizational Conflict of Interest (OCI) and that the protestor failed to demonstrate any unequal access to information: Matter of Zolon Tech, Inc., B-419280 et al. (2021). Successful defense of protest at GAO.
• Proper Elimination of Protestor from Competitive Range, Equal Discussions and Evaluations: Matter of Priority One Services, Inc., B-415201 et al. (2018).  Successful defense of protest at GAO.
• Improper Best Value Determination: Matter of MTS Technologies, B-413813 et al. (2016). Agency agreed to corrective action.
• Insurance Coverage: Counsel for insurer defense of declaratory action for coverage under CGL policy, Certain Underwriters at Lloyds, London v. Middleton et al. (Norfolk Cir. Ct. CL 14000104-00, 2015). The claims were dismissed on our motion.
• Sale of Building and Rezoning by Public Body: Counsel for Town of Cape Charles in Old School Cape Charles, LLC, et al., v. Cape Charles Town Council, et al., (Virginia Supreme Court No. 131085, Nov. 15, 2013), where the Court upheld the trial court’s denial of declaratory and injunctive relief, and ruling that the Town properly sold an old school, amended the zoning ordinance and granted a conditional use permit.
• Incorrect Decision on Lack of Responsibility: Successfully protested exclusion of steel fabricator from project to fabricate strongbacks for a Navy drydock.
• Improper Rejection of Bid as Nonresponsive: Successfully protested rejection of bid by school board based on alleged failure of bidder to include proposed contract completion date.

Specialized Public Contract Matters

• Delay and Disruption: Claim for compensation due to delay and disruption on government marine construction contract, Appeal of McLean Contracting Company, ASBCA No. 62933 (2021), resolved through negotiation.  
• Virginia Freedom of Information Act: Defense of action by former Town employee regarding alleged violation of public meeting requirements, David W. Fauber v. Town of Cape Charles, et al. Case No.: CL20-259(2021) (Northampton Circuit Court). Resolved by consent order.
• Alaska Native Corporation (ANC): Request for Equitable Adjustment (REA) for improper failure of government agency to pay for services (2020). Paid in full.   
• Virginia Fraud Against Taxpayers Act: Defense of qui tam suit for alleged price fixing, Commonwealth of Virginia, etc. v. Chemtrade, et al. – CL17000944-00 (2018) (Circuit Court of Norfolk). Plaintiffs dismissed clients from suit after we filed a motion to dismiss for lack of personal jurisdiction under an alleged conspiracy jurisdiction theory.
• Alaska Native Corporation (ANC): Small Business Administration (SBA) compliance issues and subsidiary member derivative action, Smith and Sebastian v. Goldbelt, Inc. and Goldbelt Hawk, LLC – CL16-3843M-05 (2017) (Circuit Court of Newport News). Settled in mediation.
• Ethics and OCI Compliance Programs: Preparation and implementation of ethics and organizational conflict of interest compliance programs, and related investigations for various clients.
• Contract and Purchase Order Documentation: Preparation and implementation of contract and purchase order documentation and related advice for various clients.
• Environmental claims: Representation of several clients in defense of environmental claims related to the general, transportation and disposal of hazardous waste.
• Wastewater and Water Treatment Plant Construction: Counsel to locality in conjunction with the financing, planning and construction of new wastewater and water treatment plants.
• Local Government: Counsel to various localities and public authorities in connection with public-private-partnerships, contracts, protests, building code, land use and administrative law issues.

Design-Build Matters

• Child Development Centers: Counsel for general contractor in connection with design, supply and installation of modular child development centers throughout the United States, and related litigation with team member, subcontractors and others.
• DoD Design Build Projects: Representation of numerous prime and subcontractors on a variety of design-build projects for the Department of Defense including, pier, museum, housing and other facilities projects.
• Cable Stay Bridge Construction: Co-counsel for international construction company in dispute regarding bridge and approach design.

Arbitrator – Mediator

• Construction: Appointed as arbitrator or mediator in numerous construction dispute cases for the American Arbitration Association, Better Business Bureau, the Community Mediation Center, courts and parties. Matters ranging from claims of defective workmanship to incomplete work, payment, performance and agreement related problems on complex commercial and residential construction projects.
• Government Contracts: United States of America, ex rel Donald Hicks v. Chrysler Corp., et al. Case No. CV-98-CO-154-NE and United States of America ex rel. Jack Simon v. Diamler – Chrysler.,et al., Case No. CV-99-C0-1846-S. Appointed as mediator by the United States District Court of the Northern District of Alabama in these 100 million dollar qui tam actions for alleged violations of the False Claims Act during the performance of government military contracts and related employment claims. Successfully mediated settlement between the parties in both matters.
• Business Disputes: Appointed as arbitrator in various matters including law firm partnership dispute, estate and business ownership disputes.
• Insurance Disputes: Appointed as arbitrator in crop insurance dispute.
• Creditor Disputes: Appointed as arbitrator in numerous creditor disputes by the National Arbitration Forum.
• Consumer Disputes: Appointed as arbitrator or mediator in various consumer disputes by the Better Business Bureau and the Community Mediation Center.
• Securities Matters: Appointed as arbitrator or mediator in various securities trading and related disputes by the Financial Industry Regulatory Authority (FINRA, formerly NASD).
• Employment Issues: Appointed as a Hearing Officer by the Virginia Supreme Court to preside over various state and local employee grievances, or professional licensing disputes. Alternate Panel Arbitrator for the Travel Agent Arbiter Program.
• Maritime Matters: Appointed arbitrator in various matters including dispute over vessel construction, and design and installation of pier and facility cranes; appointed mediator in disputes between vessel owner and operator concerning management agreements and associated fees.
• Attorney Fees: Appointed by Virginia State Bar to mediate a variety of client and attorney fee disputes.