Neil S. Lowenstein

Education
  • B.A., Virginia Military Institute
  • J.D., T.C. Williams School of Law, University of Richmond School
Jurisdiction Licensed
  • District of Columbia
  • North Carolina
  • Virginia
Professional & Community Activities
  • Virginia State Bar, Fourth Judicial Circuit Council (2015); Special Committee on Lawyer Referral
  • Virginia Beach Bar Association
  • Norfolk and Portsmouth Bar Association
  • Associated Builders & Contractors, Virginia Chapter – Hampton Roads Region Leadership, past Chairman
  • Youth Foundation Services, Virginia Beach
  • American Bar Association, Construction Industry Forum
Notable Accomplishments
  • Martindale-Hubbell® AV Preeminent® Peer Review Rating™
  • Virginia Business, “Legal Elite” (2004-present)
  • Thomson Reuters, “Virginia Super Lawyers” (2006-present)
  • Named one of the “Top Attorneys” in Hampton Roads
  • Listed in Best Lawyers in America®: Construction Law
    (2015-present); Litigation – Construction (2017-present)
  • Retired Officer, U.S. Army Reserve (Infantry / Civil Affairs)
  • Coastal Virginia Magazine, “Top Lawyers” – Construction Law (2017-present)

Neil Lowenstein is a member of the firm’s Construction and Government Contracts Law practice group. Neil has been an attorney with Vandeventer Black since 1989, during which he has focused his practice on construction law, government contract laws, suretyship and fidelity law, and alternative dispute resolution. Neil also has experience with various administrative and regulatory matters and is an experienced litigator.

In addition to Virginia, Neil is licensed to practice law in North Carolina and the District of Columbia. Neil is admitted to practice before all courts in those states, as well as the United States Courts of Appeals for the Federal and Fourth Circuits, the United States District Courts in Virginia, North Carolina, and the District of Columbia, as well as the Court of Federal Claims. Neil has also represented clients before various Boards of Contract Appeals, the General Accountability Office, and other administrative tribunals.

Neil is active in numerous construction trade associations, having served in various leadership positions in them. Among those are the Associated Builders and Contractors, Virginia Chapter, the Associated General Contractors of Virginia, the Design-Build Institute of America, Hampton Roads Chapter, the Virginia Association of Roofing Professionals, Virginia Builds, the Hampton Roads Utility and Heavy Contractors Association, and the National Utility Contractors Association.

His experiences with those associations in helping to shape industry standards, practices, training, and collegial relationships, his hands-on construction industry experiences, his regulatory experiences, and his prior military and leadership training all help Neil provide unique advice and insights helping clients recognize and resolve problems and, otherwise, meaningfully address their legal needs.

Neil regularly litigates matters in a variety of courts before judges and juries, while also having extensive arbitration and other alternative disputes resolution experience. Neil has arbitrated complex construction disputes before multi-arbitrator panels and single panelists and helped develop streamlined arbitration procedures to expedite and reduce the costs of hearings. Neil is also an experienced negotiator who has received mediation training, taught negotiation classes, and regularly uses his training and experience to facilitate win-win dispute solutions.

Representative Matters
  • Prepared, negotiated and prosecuted multiple project adjustment claims on behalf of contractors and subcontractors. Example includes +$20M delay and extra work claim for design deficiencies and change directives.
  • Prepared, negotiated and prosecuted multiple contract adjustment claims on behalf of general contractors against other project owners, and have similarly defended multiple defective/deficient/delayed work claims by owners against general contractors. Example includes +$3M claim against developer for delays and extra work directives for subdivision sitework and utilities.
  • Prepared, negotiated and prosecuted multiple subcontract adjustment claims on behalf of subcontractors against general contractors, and have similarly defended multiple defective/deficient/delayed work claims by contractors against subcontractors. Example includes defense of +$1M wrongful termination and associated prosecution of contractor’s excess completion costs against subcontractor.
  • Prosecuted and defended claims against and by project suppliers regarding material furnished by them for various construction projects. Example includes defense of +$1M metal building defect claim.
  • Prepared and pursued multiple federal, state and local bid protests for bidders and offerors. Example includes GAO protest of award to another contractor with respect to improper technical tradeoff decisions made by awarding agency.
  • Evaluation and negotiation of completion, takeover, and other triparty agreements for multi-million, multiple-project defaults by contractor, including negotiations of subcontractor ratification agreements, and then address of financing and indemnity matters for bonding surety.
News
28 Vandeventer Black LLP lawyers named to 2022 Best Lawyers® list
/ Firm News
Vandeventer Black LLP is pleased to announce that 28 lawyers were included in the 2022 Edition of The Best Lawyers in America. The Best Lawyers in America lists are divided by geographic region and practice areas. Attorneys are reviewed by their peers based on professional expertise and undergo an authentication process. “We would ...
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14 Attorneys Selected for the 2021 Virginia Super Lawyers List
/ Firm News
14 Vandeventer Black attorneys were selected to be included on the 2021 Virginia Super Lawyers list by Thompson Reuters. This rating service considers attorneys from over 70 different practice areas nominated based on professional accomplishments and peer recognition. Attorneys from the Norfolk and Richmond offices received the Super Lawyers acknowledgment: ...
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Attorneys Recognized as 2021 Top Lawyers of Coastal Virginia
/ Firm News
Attorneys from the Norfolk-based business and litigation law firm, Vandeventer Black, have been recognized as Top Lawyers of Coastal Virginia for 2021. This distinction is a peer-rated nomination given to those lawyers who exemplify excellence in their specialty. The recognized attorneys are: Admiralty, Maritime & Transportation Edward J. Powers Arbitration ...
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Articles
Contractor Takeover Leads to Tortious Interference With Contract and Conspiracy Claims
/ Construction
When a subcontractor is having trouble completing its subcontract work, it is not uncommon for a contractor to assert itself more directly into the completion process to help expedite the work. What’s the harm you might ask? A recent Loudoun County, Virginia case answered that question: It could lead to a tortious ...
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Virginia’s New COVID-19 Reporting Change and Online Reporting Portal
Effective December 8, 2020, the Virginia Department of Labor and Industry has determined that employers no longer need to report single COVID-19 positive cases to the Virginia Department of Health. However, after an outbreak of two or more cases, employers shall continue reporting all cases to VDH until the local ...
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Virginia’s Proposed Permanent Standard for Infectious Disease Prevention Regulations: A reminder that the opportunity for public comment closes September 25, 2020
As previously publicized, the Virginia Department of Labor’s (DOL) Safety and Health Codes Board (Board) Emergency Temporary Standard (ETS) for Infectious Disease Prevention became effective on July 27, 2020, but because of their nature would expire unless they or alternatively proposed regulations were made into permanent standards. When the ETS ...
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