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Owen J. Shean

Partner 
750 Ninth Street, N.W.
Suite 750
Washington, D.C. 20001
 
Tel:
202.824.1746
Fax:
202.393.5959
 
 

Owen Shean has more than 25 years of experience representing clients in construction and commercial disputes, including construction claims, construction liens, insurance coverage disputes, bond claims, and other contract disputes. Such engagements have involved power generation facilities, semiconductor plants, wastewater treatment plants, chemical processing facilities, and hospitals/medical facilities. Owen also has substantial experience in contract drafting and contract review. His experience includes preparation of owner-contractor agreements, owners-architect agreements, and design/build agreements.
 
Representative Experience
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Representation of the Architect of the Capitol in claims and disputes arising from the design and construction of the Capitol Visitor Center (CVC), located in Washington, D.C. The CVC consists of approx. 580,000 sq. ft. expansion of the U.S. Capitol complex. Located entirely underground, the CVC is located on the east side of the Capitol. Appeal of RTKL Associates Inc. (CAB U.S. Government Accountability Office)
 
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Representation of the New World Symphony in the negotiation and resolution of claims, change orders, and disputes in conjunction with the design and construction of the NWS Campus and Concert Hall in Miami Beach, FL. The project included a 757 seat concert hall, practice rooms, music library, and 7,000 square foot outdoor wall for video projection of symphony performances. The project incorporated an iconic design by Frank Gehry and was the first commission of Frank Gehry Partners in Florida.
 
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Representation of Facilities Development Corp. in a civil action against Edmund C. Scarborough and The IBCS Group, Inc., alleging, inter alia, fraudulent inducement and false advertising in conjunction with issuance of payment and performance bonds for construction and renovation of the U.S. Consulate in Jerusalem, Israel. The complaint alleged fraud by the defendants in the marketing and sale of payment and performance bonds which plaintiff contended did not comply with applicable requirements of the Federal Acquisition Regulations. Facilities Development Corp. v. Edmund C. Scarborough and the IBCS Group Inc. (Cir. Ct. Fairfax, Co., VA)
 
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Representation of Great Southwestern Construction Company, Inc. in an insurance coverage dispute with certain underwriters at Lloyds of London. The lawsuit sought coverage for and payment of claims pursuant to an "All Risks Erection" policy issued in conjunction with the construction of a wind farm and associated transmission lines in Colorado Creek, CO. Great Southwestern Construction, Inc. v. Underwriters at Lloyd's London Subscribing to Policy Number BD0600401, (Sup. Ct. N.Y., County of N.Y.)
 
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Representation of Consolidated Edison in an adversary proceeding initiated by a Chapter 11 debtor arising from the construction of Con Ed's Third Avenue Yard Facility, in Brooklyn, New York. The complaint filed by the debtor/contractor against Con Ed alleged, inter alia, breach of contract, fraud in the inducement, defamation, and violation of the New York Trust Fund Statute. Andrew Velez Construction, Inc. v. Consolidated Edison Company of New York, Inc. and The Switzer Group, Inc. (Adv. Pro. U.S. Bankruptcy Ct., S.D.N.Y.)
 
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Representation of design/build contractor in multi-jurisdictional litigation involving claims and insurance coverage disputes arising from design and construction of medical office and ambulatory care facility housing MRI facilities, examination rooms, laboratories, and surgical operating rooms. Marshall Erdman & Associates v. TIG Insurance, et al. (Supr. Ct. Wisc., Fed. Dist. Minn., Supr. Ct. of Ohio).
 
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Representation as Amicus Curie counsel in appeal involving inter alia, rights of defense and indemnity under a professional errors and omissions policy for construction defect claims asserted against a Design/Build contractor. 1325 North Van Buren, LLC v. 7-3 Group, Ltd et al (Wisconsin Court of Appeals).
 
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Representation of fire protection contractor in pursuit of $3.2 million in claims against Construction Manager and sureties arising from construction of the Phase IV Expansion of the Orange County Convention Center. Southeast Fire Protection LLC v. Hunt Construction et al (Cir Ct. Orange Co. Fla).
 
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Representation of Design/Build Contractor in defense of bond claims arising from construction of United States Marine Barracks Annex and Support Facility in Washington, D.C. United Sheet Metal Inc. v. Coakley & Williams Construction Inc. et al (U.S. Dist. Ct. D.C.).
 
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Representation of mechanical subcontractor in prosecution of $19 million claim for delay and productivity losses incurred in construction of John R. Dingle VA Medical Center in Detroit, Michigan. Appeal of Bateson Dailey Joint Venture (Veterans Affairs' Board of Contract Appeals).
 
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Representation of KPMG Consulting in an action to recover amounts due for furnishing, configuring, and implementing Oracle Applications Suite software for public school system. KPMG Consulting, LLC v. New Baltimore City Board of School Commissioners (USDC N.D. Md.).
 
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Representation of City of Los Angeles in defense of contractor's claims for additional compensation arising from construction of Hyperion Full Secondary Wastewater Treatment Facilities. Kiewit Pacific Co. v. City of Los Angeles (Supr. Ct. L.A. County, Calif.).
 
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Representation of contractor to recover amounts due resulting from default termination of contract for underground and foundation construction of steel processing mill. Baker Concrete Construction, Inc. v. AK Steel Corporation and Eichleay Engineers, Inc. (Ct. Common Pleas, Ohio).
 
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Representation of defense contractor in defense against claims of breach of contract and False Claims Act violations arising from performance of a contract with the United States Air Force for implementation of a command and control enhancement contract. Techdyn Systems Corporation v. Whittaker Corporation (Cir. Ct. of Arlington, Va.).
 
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Representation of research consortium in defense of termination for convenience claims arising from closure of Superconducting Super Collider Laboratory in Waxahachie, Texas. Westinghouse Electric Corporation v. University Research Associates (USDC N.D. Tex.).
 
 
Transactional
 
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Representation of a Fortune 50 company to provide a full range of contracting-related services for a complex, multi-year 9-figure sediment remediation project, which includes dredging, construction, and operation of landside processing and transportation facilities. The services have also included preparation of solicitation and contract documents and contract negotiations.
 
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Representation of owner/developer in drafting and negotiation of Guaranteed Maximum Price (GMP) contracts for construction of Park Place (Annapolis, MD), a mixed use project consisting of condominium, office building, hotel and parking garage.
 
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Representation of contractor/bidder in proposal preparation and bidding of contract for demolition and environmental renovation of the Connecticut Yankee Nuclear Power Plant.
 
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Preparation of risk management assessment for tunnel engineering contract and related procurement documents for the Metropolitan Transit Authority, East Side Access, New York, NY.
 
 
Arbitration/ADR Proceedings
 
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Representation of Design/Build contractor in mediation of claims for additional compensation arising from construction and renovation of facilities at the United States Air Force Academy.
 
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Representation of contractor in arbitration and mediation of claims for additional compensation, delays, and impacts arising from construction of 1,100MW gas-fired, combined cycle power generation plant.
 
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Representation of owner in mediation of claims and change orders arising from construction of 600MW gas-fired combined cycle power generation plant and related sewage treatment, water treatment, and gas compression facilities.
 
Awards & Recognition
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The Best Lawyers in America 2013, 2015-2018, Listed in Washington, DC for Construction Law, Litigation - Construction
 
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Chambers USA 2008-2012, 2014 Ranked in Virginia for Construction
 
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The Best Lawyers in America 2012, 2014, Listed in Virginia for Litigation - Construction
 
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The Legal 500 2010, Recommended on the East Coast for Construction
 
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The Legal 500 2009, Recommended in the Southeast for Construction
 
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Super Lawyers Magazine 2008-2016, Listed in Washington, DC for Construction Litigation: Business
 
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Super Lawyers Magazine 2008-2011, Listed in Virginia for Construction Litigation
 
Published Works & Lectures
 
Publications
 
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The Construction Lawyer, The Journal of the American Bar Association Forum on the Construction Industry, Author, "Hard Hat Case Notes," 1999-2004
 
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"Indemnity, Insurance, and Limitations of Liability in Design-Build Contracts," Author, Insurance Risk Management Institute Publications, 2002
 
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"Construction Insurance: Coverages & Disputes," Co-Author, The Michie Company, 1994, updated 1995, 1999, 2000 and 2001
 
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Construction Disputes: Representing the Contractor, Contributing Author, "Insurance Coverage for Design-Build Activities," Aspen Law & Business
 
 
Speaking Engagements
 
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Lorman IRMI Education, Los Angeles, CA, Speaker, "Construction Insurance and Bonding in California," 2005, 2006
 
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Association of General Contractors 86th Annual Convention, Las Vegas, NV, Speaker, "How to Manage the Growing Risk of Professional Liability - Professional Liability Insurance: Good Bet or Bad Wager?," 2005
 
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ABA Forum on the Construction Industry, New York, NY, Speaker, "Are You Covered? Insurance Products for Construction Projects - Procurement, Scope, and Interpretation of E&O Insurance for Design Professionals," 2005
 
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24th Annual Insurance Risk Management Institute Conference, Orlando, FL, Speaker, "Design-Build: Contracts & Claims," 2004
 
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Marsh/ATC Associates, Inc., Speaker, "Water Intrusion: The Preamble to Mold-Pragmatic and Legal Implications," 2004
 
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Association of General Contractors Risk Management Meeting, Speaker, "2004 Perspectives on Builders' Risk Coverages," 2004
 
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18th Annual Construction Industry Networking Nirvana, San Francisco, CA, Speaker, "The Owner's Construction SuperConference - Pragmatic Implication of Mold Litigation," 2003
 
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ABA Forum on the Construction Industry, Speaker, "Defective Work, Effective Litigation: Claims, Coverage and Trends: Insurance Coverage Considerations in Construction Defect Litigation," 2002
 
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China Ministry of Construction Delegation, Washington, D.C., Speaker, "Construction Insurance," 2002
 
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21st Annual Insurance Risk Management Institute Construction Risk Conference, Speaker, "Identifying & Managing Risk in the Design-Build Environment"
 
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American Bar Association Forum on the Construction Industry and American Institute of Architects Joint Meeting, Speaker, "AIA Contract Documents: Generation Next," October 23-24, 1997
 
Professional Memberships & Activities
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American Bar Association, Member
 
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District of Columbia Bar Association, Member
 
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Virginia State Bar Association, Member
 
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Associated General Contractors of America, Member
 
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Virginia Tech University, Construction and Government Contract Law, Department of Building Construction, Past Adjunct Faculty, 2000-2001
 
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Georgetown University Law Center, Past Adjunct Professor, 1988-2000
 



Owen J. Shean

Practice
Construction
Education
J.D., University of Virginia School of Law, 1982
B.A., University of Virginia, 1978; magna cum laude
Bar Admissions
District of Columbia
Virginia
 
 
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