Michael L. Sterling

Claims and Disputes

• 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 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

• 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.