T: (703) 749-1000
Joseph Guarino's experience includes all aspects of contract drafting and negotiations, counseling on contract administration, claim preservation and avoidance, and dispute resolution and litigation within the construction industry. Joe's broad experience includes tunnels, high-rise buildings, hospitals, detention facilities, courthouses, hotels and condominiums, power plants, chemical projects, educational facilities, airports, pharmaceutical projects, mass transit, car rental facilities and parking structures, embassies, and many other heavy construction and general building projects.
Joe counsels and advises clients on contract preparation, administration, interpretation, and termination on federal, state and private contracts throughout the country and internationally. Joe also frequently assists clients in key risk management issues and has represented clients in drafting of complex engineering and construction contacts. In addition, he assists clients with claim preservation, preparation and prosecution. Joe has significant litigation experience before both federal and state courts as well as boards of contract appeals and in various alternative dispute resolution proceedings, including arbitration and dispute review boards, throughout the country.
Representations and Results
- Successful lead trial counsel in recovering $52 million on contractor's affirmative claims for delay, material breach of contract and overturning of default termination and defeating $60 million delay, termination and construction defect claims by Clark County during ten week hearing involving $124 million, 18-story Regional Justice Center.
- Successful co-lead trial counsel defending against $30 million overbilling, delay and defective work claims by Clark County on $60 million Detention Center Facility and negotiating release from False Claims allegations. Successfully negotiated $9 million recovery on contractor's delay, impact and extra work claims.
- Successfully assisted in preparing and mediating affirmative recovery on contractor's $20 million delay, impact and changes claims related to large parking structure and rental car facility.
- Successful representation of contractor in $120 million Wastewater Treatment plant. Provide contract administrative services as well as negotiation and claim preparation services to ongoing project.
- Ongoing representation of construction manager on multi-billion dollar gaming, hotel, and residence project.
- Successful lead trial counsel in Federal District Court on power plant project, negotiating a recovery of over $3 million on affirmative claim of engineer against Owner/Developer.
- Led litigation team in the United States District Court defending against $8 million claim by contractor on behalf of hospital owner. Successfully achieved negotiated settlement of amount proposed by owner at outset of litigation.
- Represented contractor on multi-million dollar claim against Department of State on embassy project, successfully achieving settlement during pre-trial mediation.
- Represented tunnel contractor in $40 million claim during five-week jury trial in Federal District Court.
- Successfully represented contractor and surety in $30 million claim against public utility owner and defending against $30 counterclaim in Federal District Court jury trial. Achieved settlement during trial.
- Representation of large public educational system in the drafting of contracts and development of strategy to avoid disputes on over a billion dollars of new elementary, middle school and high school construction.
- Representation of contractors in numerous projects, including embassy projects in South America and Asia, wastewater treatment plants, tunnels and courthouses. Scope of representations includes cost-efficiently pursuing and recovering on affirmative claims and defending numerous claims by various governmental and private owners.
- Successfully represented contractor against Corps of Engineers on airbase in Egypt.
- Prepared numerous construction delay, disruption and impact claims ranging from less than $1 million to tens of millions of dollars, resolving many through negotiated settlement prior to trial through mediation, direct discussions or other form of ADR.
- Successfully represented numerous tunneling contractors in miles of tunneling projects through Disputes Resolution Board and other disputes proceedings.
Counseling and Contract Drafting
- Strategically advises clients on and negotiates complex construction and engineering contracts between $100,000 and $1.1 billion. Regularly drafts and negotiates contracts for hospital, tunnel, educational and building projects.
Memberships and Affiliations
- American Bar Association
- Forum on the Construction Industry
- Litigation Section
- Public Contracts Section
- Tort Trial & Insurance Practice Section
- Fairfax Bar Association
- Virginia Bar Association and Virginia State Bar
- Construction Law Section
- Litigation Section
Publications and Presentations
- Speaker: "International Disputes Adjudication Boards," Disputes Review Board Foundation, 2009.
- Speaker: "Allocating Design Risk on Major Infrastructure Projects: Is Design Build the Answer," Construction SuperConference, 2006.
- Author: "The Stealth Terms of Your Contract: Watch Out for Implied Terms," From the Ground Up, Fall 2001; Virginia State Bar Construction Law Section Newsletter, 2001.
- Past Visiting Lecturer: Government Contracts/Construction Seminar, College of William & Mary School of Law.