Larry D. Harris

Representative Matters

· Representing a public owner in the development of design-build and design-bid-build construction documents for long-term construction of a multimillion-dollar expansion of water treatment facilities.

· Represented a contractor in resolving disputes involving change orders, delays and back charges in excess of $10 million in litigation and arbitration arising out of the construction of the Woodrow Wilson Bridge.

· Serving as an arbitrator and the chair of the panel in two arbitrations arising out of the construction, under EPC agreements, of two process plants in southeast states.  The amount in dispute in both arbitrations is in excess of $30 million.

· Served as a mediator in the resolution of a multimillion-dollar dispute between a general contractor and subcontractor in the construction of the Dulles Greenway in Leesburg, VA.

· Successfully resolved multimillion-dollar claims arising out of two construction contracts for a contractor before a AAA Arbitration Panel. After 10 days of hearings and extensive post-hearing briefs, the panel issued an award favoring the client and denying the owner’s counterclaim.

· Represented a public utility in the drafting and negotiation of construction contracts for a multimillion-dollar liquefied natural gas (LNG) plant.

· Served as the chair of an AAA construction arbitration in a $10 million dispute.

· Served as the chair of an arbitration panel in an AAA arbitration arising out of the construction of a federal building. The dispute concerns delay and changes claims in excess of $5 million.

· Represented a construction contractor in a $20 million dispute arising out of an EPC contract for a 199 megawatt combined cycle power plant in Colombia, South America. The dispute was successfully resolved through AAA arbitration. It involved changed conditions, scope of work, and retention disputes as well as the owner’s counterclaims.

· Served as a party-appointed arbitrator in an arbitration administered by the International Chamber of Commerce arising out of the construction of a 775-megawatt combined cycle electric generating plant in Massachusetts under an EPC contract. The dispute concerns delay, changes and acceleration claims in excess of $45 million.

· Represented a building owner in the defense of claims brought by a general contractor and its subcontractors arising out of the extensive renovation of a church in New York City. The matter was resolved through AAA arbitration and related litigation after more than 20 days of hearings. Defeated the contractor’s claims for approximately $10 million and was awarded $2.5 million on the owner’s counterclaim.

Before Fox Rothschild

Prior to joining Fox Rothschild, Larry was a partner in Smith, Currie & Hancock LLP. He served as a captain in the U.S. Army Judge Advocate General’s Corps from 1976 to 1980 and as a law clerk/commissioner for the Armed Services Board of Contract Appeals from 1978 to 1980. Larry was also a distinguished military graduate of the University of Dayton ROTC Program, to which he earned an ROTC Scholarship.

Named as one of the leading construction law attorneys in the District of Columbia by Chambers USA, Larry represents clients in construction and public contract negotiation and dispute resolution. He also frequently serves as a construction mediator and arbitrator.

Larry assists contractors in construction, supply, aerospace and service contract disputes arising out of federal, state, quasi-public and private projects and contracts. He also represents both public and private owners in construction disputes with general contractors and their subcontractors. He counsels domestic and international companies, contractors, subcontractors, owners and design professionals in connection with changes, specification conflicts, construction defects and acceleration, delay, disruption and termination claims arising out of construction and supply contracts. Larry has litigated matters for clients in federal and state courts in numerous jurisdictions, before boards of contract appeals and in arbitration tribunals. He also has wide-ranging experience in alternative dispute resolution (ADR), helping clients resolve disputes via arbitration, mini-trials and mediation.

Additionally, Larry drafts and negotiates construction contract documents on behalf of contractors, owners and lenders for a variety of projects, including heavy civil, power, building and transportation.

Memberships

American Arbitration Association, Neutral

American College of Construction Lawyers (Treasurer and Executive Committee, 2010 to present; Fellow, elected 1994; Member, Board of Governors, 1999 to 2002)

American Bar Association, Forum on the Construction Industry (Chair-Elect/Chair, 1998 to 2000; Governing Committee,  1994 to 1997; Division Chair, 1992 to 1994; Co-chair, Diversity Committee, 2009 to 2011)

American Bar Association, Public Contract Law Section (Co-Chair, Construction Division, 2000 to 2003; Chair, Construction Division Sub-Committee, 1995 to 1996, 1999, 2000)

American Bar Association, Commission on Minorities in the Profession (Liaison, 1992 to 1996; Conference of Minorities Partners, 1992 to present; Executive Committee, Conference of Minority Partners, 2001 to 2003)

International Institute for Conflict Prevention and Resolution, Construction Subcommittee

American Bar Foundation (Fellow, Life Member)

Associated General Contractors of America, Corps of Engineers Committee (2012)

College of Commercial Arbitrators (Fellow), Protocols Implementation Committee (2012)

National Bar Association (Commercial Law Section, Arbitration Section and Minority Partners in Majority Law Firms)

District of Columbia Bar Association (Steering Committee Government Contracts and Litigation Section, 2004 to 2006; Co-Chair, Steering Committee, Government Contracts and Litigation Section, 2001 to 2003; Steering Committee, Government Contracts and Litigation Section, 1997 to 2000)

Washington Bar Association (Chair, NBA Annual Meeting Sub-Committee, 1989)

West Publishing Construction Group (Advisory Board, 2000 to present)

Articles and Publications

· Author, Chapter 25 “The Construction Contract Documents and Risk Allocation,” Real Estate Law and Practice Course Handbook Series (October, 2012)

· Author,  “Chapter 6, Federal Government Green Contracting Initiatives:  OFPP’s Green Mandate and President Obama’s Executive Order 13514,” Practising Law Institute, Drafting and Negotiating Construction and Design Contracts, Real Estate Law and Practice Course Handbook Series (July 2010)

· Co-Author, “Advantages of the ConsensusDOCS Construction Contracts,” The Construction Lawyer, Journal of the ABA Forum on the Construction Industry (Winter 2009)

· Author, “Vacating Construction Arbitration Awards Due To The Evident Partiality of An Arbitrator,” Thomson/West Construction Briefings (July 2006)

· Author, Chapter 17 “Termination for Default,” Federal Government Construction Contracts, ABA Forum on Construction (2003)

· Author, “Certifying Construction Claims and the False Claims Act Implications,” Handling Construction Risks, Practising Law Institute, New York, New York (April 2003)

· Author, “Public Construction Contracts: Small and Disadvantaged Business Programs,” Fluor Corporation (March 2003)

· Co-Author, “Best Practices in Dispute Avoidance for Government Contracting,” ABA Section of Public Contract Law(2002)

· Author, “Choosing and Working with Construction Experts: Protecting Confidential Information,” Construction Briefings, Federal Publications, Inc. (1997)

· Author, “The Spearin Doctrine – Recent Developments,” The Construction Lawyer (Spring 1994)

· Author, “Drafting Effective Construction Contracts,” Engineering News Record (March 1990)

Speaking Engagements

· Speaker, “14th Annual Commercial Real Estate Institute,” Practising Law Institute (November 27, 2012)

· Speaker, “ABA Forum on Construction Industry, Trial Academy Program,” American Bar Association (June 27-30, 2012)

· Speaker, “Diversity in Government Contracting,” ABA Forum on the Construction Industry (April 2012)

· Speaker, Construction Contracts/Risk Allocation/Lender Issues,  Practising Law Institute, New York, NY (November 28-29, 2011)

· Presenter,  “Avoiding Pitfalls in Construction Mediations,” JAMS,  Washington, DC (November 3, 2011)

· Speaker,  “Discovery in Construction Arbitration: When is Enough, Enough?,”  American Arbitration Association , (October 27, 2011)

· Speaker, “Navigating the Construction Arbitration Roadmap,” Webinar for American Arbitration Association (June 2011)

· Speaker, “Building Better Construction Contracts: Tailoring Incentives, Creating Collaboration and Developing Effective Risk Allocation, Ethics in Government Contracts,” Practising Law Institute (April 2011)

· Speaker, “Minority and Women Mediators & Arbitrators – How to Build a Practice”, ABA Section of Dispute Resolution, 13th Annual Spring Conference, Denver, CO (April 13-16, 2011)

· Speaker, “Protocols of College of Commercial Arbitrators: A New Look at the Arbitration Process” and “Role of the Arbitrator,” American College of Construction Lawyers 22nd Annual Conference (February 2011)

· Speaker, “Hot Issues in Arbitration,” College of Commercial Arbitrators 10th Annual Meeting (October 2010)

· Speaker, “Right Process, Wrong Arbitrator: Choosing the Right Construction Arbitrator(s),” Webinar for American Arbitration Association (October 2010)

· Speaker, “Navigating the Arbitration Roadmap,” American Arbitration Association (September 2010)

· Presenter, “Summit – Webinar on Alternative Dispute Resolution,” Rossdale Group (May 2010)

· Speaker, “Let’s Get the Lead Out! How Arbitrators, Outside Counsel, Clients and Providers Can Make Business-to-Business Arbitration Faster and Less Expensive,” Plenary Program, American Bar Association Section on Dispute Resolution Conference (April 2010)

· Moderator, “Making the Business Case for Diversity in the Practice of Construction Law,” American Bar Association, Forum on the Construction Industry Annual Meeting, Spring 2010 (April 2010)

· Speaker, “Right Process/Wrong Arbitrator,” American Arbitration Association, 2009 Construction Conference, New York (May 2009)

· Speaker, “Risk Allocation in the Construction Process and the Role of Due Diligence in the Selection of the Design Professional and Contractor,” Practising Law Institute, New York (May 2009)

· Speaker, “Role of the Arbitrator With Respect to Scheduling,” American College of Construction Lawyers 20th Annual Conference (February 2009)

· Speaker, “Green Contracting: The Federal Government’s Procurement Policies,” Lorman Education Services Teleconference (February 2009)

· Speaker, “Navigating the Arbitration Roadmap,” American Arbitration Association, Construction Conference, Chicago, IL (November 2008)

· Moderator/Speaker, “Winds of Change? The ConsensusDOCS,” American Bar Association, Chicago, IL (September 2008)

· Speaker, “Delivery Systems and Contract Methods for Municipal Owners,” Lorman Educational Services, Teleconference (August 2008)

· Speaker, “Pursuing the Ultimate Bad Guy: Problems of Privity & How to Get Around Them,” WPL Publishing Co. Inc., Teleconference (June 2008)

· Speaker, “The AAA Construction Conference Making ADR Work for You and Your Projects: Navigating the Arbitration Roadmap,” American Arbitration Association Construction Conference (May 2008)

· Speaker, “Drafting an Effective Construction Agreement Using 2007 AIA Documents” and “New Contracting Approaches,” Practising Law Institute (February 2008)

· Speaker, “Disqualification of ACCL Members From An Arbitration Panel Due To Their Joint Membership In The College,” American College of Construction Lawyers 19th Annual Conference, Private Dispute Resolution Committee Meeting (February 2008)

· Speaker, “International Construction and Commercial Disputes Can be Settled Utilizing Mediation – A Comparative Discussion,” 8th Annual ABA Section of Dispute Resolution, Spring Conference – ADR in Bloom (April 2007)

· Speaker, “Outside the Mediation Conference: Pre-Mediation and Post-Mediation Efforts,” American Arbitration Association, Miami, FL (March 2007)

· Speaker, “Counsel’s Role in Preparing the Expert for Depositions and Hearings and in Protecting Confidential Information,” American Bar Association, Litigation Section, Construction Litigation Committee, Washington, D.C. (February 2007)

· Speaker/Moderator, “Using Public Private Partnerships for Infrastructure Development – Risk Avoidance and Dispute Resolution,” The International Construction Superconference, Constructing and Financing Infrastructure, London, U.K. (May 2006)

· Speaker, “The Government’s Use of Fraud As An Affirmative Defense To Contractor’s Claims,” Mid-Atlantic Construction Institute, Lorman Education Services, Baltimore, Maryland (May 2006)

· Speaker, “Expert Disqualification And Protecting Confidential Information,” American College of Construction Lawyers, 17th Annual Conference (February 2006)

· Speaker, “Construction Joint Ventures – Spreading Risks, Increasing Capacity,” District of Columbia Minority Business Development Center’s Minority Enterprise Development Day, Washington, D.C. (November 2005)

· Speaker/Moderator, “Selecting The Right Arbitrators” and “Drafting Clauses to Work For You,” American Arbitration Association and The National Law Journal’s Straight Talk About Construction Arbitration, Irving, Texas (September 2005)

· Speaker, “Risk Avoidance In Project Financed EPC And Design Build Contracting,” The International Construction Superconference, London, U.K. (May 2005)

· Lecturer, “Issues During Construction,” Fundamentals of Construction Law in Maryland, Sterling Seminars (June 2004)

· Speaker, “Innovations in Arbitration,” American College of Construction Lawyers Annual Meeting (February 2004)

· Speaker, “The Design-Builder in Public Private Partnerships,” Public Private Partnerships: A Comparative Look, The Owner’s International Construction Superconference, London, UK, Andrews Conferences, Inc. and Forbes (May 2004)

· Speaker, “Current Issues With Construction Contracting and Funding,” U.S. Army Judge Advocate General’s School, Annual Contract and Fiscal Law Symposium (December 2004)

· Speaker, “Federal Statutes and Regulations for Construction,” ABA Forum on Construction, Annual Meeting (2003)

· Lecturer, “Structuring, Justifying and Funding ADR Settlements,” ABA Public Contract Law Section, Committee on Dispute Resolution (November 2003)

· Speaker, “Proving and Defending Against Construction Damages Claims – A New Look,” ABA Section of Public Contract Law Annual Meeting (August 2003)

· Speaker, “Fundamentals of Construction Law,” ABA Forum on Construction (November 2002)

· Lecturer, “Effective Use of ADR in Resolving Construction Disputes,” ABA Public Contract Law Section, Construction Division (August 2002)

· Speaker, “Admitting or Limiting Expert Testimony in Construction Litigation,” American College of Construction Lawyers Annual Meeting (February 2002)

· Lecturer, “District of Columbia Procurement,” D.C. Bar Governments Contracts & Litigation Section (January 2002)

· Speaker, “Other Methods of Dispute Avoidance and Early Resolution,” Government Contract Seminar, Piper Rudnick LLP (December 2001)

· Speaker, “What the Public Sector Has To Know About ADR,” The Public Construction Super-Conference, Andrews Conferences (December 2001)

· Speaker, “Using Statistical Evidence to Prove Construction Inefficiency Claims,” ABA Section of Litigation, Annual Meeting (May 2001)

· Lecturer, “Construction Contractor Claims: How to Avoid or Defend Against Them,” U.S. Army Judge Advocate General’s School, Trial Attorneys Course (1996 – 2000)

· Speaker, “Judging The Experts: A Construction Practitioner’s Guide To Presenting Expert Testimony,” ABA Forum on The Construction Industry Annual Meeting (May 2000)

· Speaker, “Construction Contracting and Bonding,” 21st Annual Community Association Law Seminar (February 2000)

· Speaker, “Alternative Dispute Resolution In Government Contracts,” ABA Section of Litigation, 1999 D.C. Regional Seminar (June 1999)

· Lecturer, “Termination of Government Contracts,” George Washington University (1996-1998)

· Speaker, “Construction Contracting: New Twists on Perennial Problems – A Comparative Look at the Public Sector’s Use of Design-Build,” ABA Public Contract Law Section Annual Meeting (August 1998)

· Speaker, “The Government’s Use of Fraud As An Affirmative Defense to Contractor’s Claims,” ABA FCCI/TIPS Joint Meeting (January 1996)

· Lecturer, “Design-Build Contracting: Federal Sector,” Contract Law Symposium, U.S. Army Judge Advocate General’s School (1995)

· Speaker, “The Status of Federal DBE Programs After Adarand,” Virginia Bar 16th Annual Construction Law and Public Contracts Seminar (November 1995)

Bar Admissions

District of Columbia

New Jersey

Court Admissions

Supreme Court of the United States

U.S. Court of Appeals for the Armed Forces

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. Court of Federal Claims

Supreme Court of New Jersey

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the District of Columbia Circuit

Memberships

American Arbitration Association, Neutral

American College of Construction Lawyers (Treasurer and Executive Committee, 2010 to present; Fellow, elected 1994; Member, Board of Governors, 1999 to 2002)

American Bar Association, Forum on the Construction Industry (Chair-Elect/Chair, 1998 to 2000; Governing Committee,  1994 to 1997; Division Chair, 1992 to 1994; Co-chair, Diversity Committee, 2009 to 2011)

American Bar Association, Public Contract Law Section (Co-Chair, Construction Division, 2000 to 2003; Chair, Construction Division Sub-Committee, 1995 to 1996, 1999, 2000)

American Bar Association, Commission on Minorities in the Profession (Liaison, 1992 to 1996; Conference of Minorities Partners, 1992 to present; Executive Committee, Conference of Minority Partners, 2001 to 2003)

International Institute for Conflict Prevention and Resolution, Construction Subcommittee

American Bar Foundation (Fellow, Life Member)

Associated General Contractors of America, Corps of Engineers Committee (2012)

College of Commercial Arbitrators (Fellow), Protocols Implementation Committee (2012)

National Bar Association (Commercial Law Section, Arbitration Section and Minority Partners in Majority Law Firms)

District of Columbia Bar Association (Steering Committee Government Contracts and Litigation Section, 2004 to 2006; Co-Chair, Steering Committee, Government Contracts and Litigation Section, 2001 to 2003; Steering Committee, Government Contracts and Litigation Section, 1997 to 2000)

Washington Bar Association (Chair, NBA Annual Meeting Sub-Committee, 1989)

West Publishing Construction Group (Advisory Board, 2000 to present)

Larry is an active member of his community. He is a founding member of the board of governors of The Tower Club in Tyson’s Corner, Virginia, and is a former coach and commissioner of the D.C. Stoddert Youth Soccer League. He served on the trustee board and as its vice-chair of the Norwood School in Bethesda, Maryland and is a member of the Washington Lawyers Committee of the United States Holocaust Museum and on the Board of Passion for Learning, Inc. Larry is also active with his alma maters, serving as a former board member of the George Washington University Law Alumni Association, a founding officer of the law school’s Black Law Alumni Association and on the Alumni Board of the University of Dayton.