Barbara G. Werther

Although I litigate claims on behalf of owners, general contractors and subcontractors in federal and state courts and before arbitral tribunals, and draft and negotiate architect and construction contracts for developers and owners, I bring a unique skill set to business negotiations and litigation, finding a path to resolve issues and eliminate disputes.  As a trained mediator and arbitrator, I pursue sensible solutions to complicated legal issues. Most recently, I specialize in P3 and IPD contracts.

In the public sector, I routinely represent government contractors in claims against the federal government.  I also represent contractors and sureties in performance and payment bond disputes and have represented government contractors in False Claims Act cases. Furthermore, I represent government contractors in bid protests and claims at the Boards of Contract Appeals and in the Court of Federal Claims.

Hosted Women In Construction Conference – Washington, D.C (2006-present), by women for women in all aspects of the construction industry

American College of Construction Lawyers, Fellow, 2014-Present

Professional Affiliations

ABA Forum Committee on the Construction Industry,American Arbitration Association Mediation Panel,American Arbitration Association Panel of Arbitrators

Speaking Engagements

• Presenter, “Public Construction Projects Not Always a Hollywood Ending” ABA Midwinter Meeting, Forum on Construction Law, 2019.
• Presenter, “Breach of the Government’s Duty of Good Faith and Fair Dealing”, Hot Tips at American College of Construction Lawyers Annual Meeting, February, 2019.
• Presenter, “Case Study: VW international, Inc. ASBCA No. 60596,” Construction Lawyers Society of America North American Construction Law Symposium II, 2018.
• Presenter, “The World’s Worst Contract Clauses,” North American Construction Lawyers Symposium, 2017.
• Presenter, “38th Annual Construction and Public Contracts Law Seminar” Virginia State Bar’s Annual Seminar, 2017.
• Presenter, “Tips for Playing ‘The Price Is Right’ on Your Government Contract Claim,” World Congress, National Contract Management Association, 2014.
• Presenter, “Is That Really Proof of Delay? Critical Path Method Analyses Versus the Insurgents,” Construction Super Conference, 2014.

Publications

• Editor, “Federal Government Construction Contracts,” Third Edition, 2017.
• Co-author, “Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims,” The Construction Lawyer, Winter 2015.
• Co-author, “Navigating the Buy America Act in Federal Transit Authority Funded Contracts,” Under Construction, American Bar Association, March 2014.
• “How Non-U.S.-Owned Companies Can Compete for Federal Government Contracts,” ConstructionWebLinks.com, March 24, 2010.
• “$130 Billion for Construction in the Economic Stimulus Bill: Where It Will Be Spent,” ConstructionWebLinks.com, Feb. 23, 2009.
• Professional and Community Involvement
• President, Women in Construction Conference (2006 – Present)
• 2018 President, Construction Lawyers Society of America
• American Bar Association, Construction, Public Contracts and Litigation Sections
• Past chair, Forum on the Construction Industry, Division 13 – Government Construction Contracting, American Bar Association
• Fellow, American College of Construction Lawyers (2016-present)
• Co-chair, ABA Construction Forum meeting (October 2016)
• Arbitrator and Mediator, Construction Law Panel of the American Arbitration Association
• Trainer, National Institute of Trial Advocacy
• Trainer, Trial Advocacy Program, ABA Construction Forum
• Trustees’ Council of Penn Women (1984-present)
• University of Pennsylvania Lacrosse Board (2004-present)
• Executive Board of the Leukemia and Lymphoma Society, National Capital Region (2005-present)
• Steering Committee, 32nd Annual Greater Washington Region (GWR) Golf Tournament, American Heart Association (2016-present)
• Coach, Boys’ Lacrosse Team, U13 Level (2012, 2013)
• Winner (with her horse), Stafford Place (aka Stanley), Training Level, American Eventing Championships (2012)
• Triathlete and Finisher, Seagull Century 100-Mile Bike Ride, Leukemia Society (2010, 2011, 2012, 2015)

Rankings and Recognition

• President, Construction Lawyers Society of America (2018)
• 2008 and 2010 Chambers USA Award for Excellence in Construction
• International Who’s Who of Construction Lawyers — (2011-2013, 2015-2016 – present)
• Best Lawyers, Construction Law, (2012-2017)
• Washington, D.C. Super Lawyers, (2012-2018)
• District of Columbia, Construction, Chambers USA (2008-2019)

Supreme Court of Virginia

District of Columbia Court of Appeals

Civilian Board of Contract Appeals

Armed Services Board of Contract Appeals

U.S. Court of Federal Claims

U.S. District Court for the Eastern District of Pennsylvania

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

U.S. District Court for the District of Columbia

• President, Women in Construction Conference (2006 – Present)
• 2018 President, Construction Lawyers Society of America
• American Bar Association, Construction, Public Contracts and Litigation Sections
• Past chair, Forum on the Construction Industry, Division 13 – Government Construction Contracting, American Bar Association
• Fellow, American College of Construction Lawyers (2016-present)
• Co-chair, ABA Construction Forum meeting (October 2016)
• Arbitrator and Mediator, Construction Law Panel of the American Arbitration Association
• Trainer, National Institute of Trial Advocacy
• Trainer, Trial Advocacy Program, ABA Construction Forum
• Trustees’ Council of Penn Women (1984-present)
• University of Pennsylvania Lacrosse Board (2004-present)
• Executive Board of the Leukemia and Lymphoma Society, National Capital Region (2005-present)
• Steering Committee, 32nd Annual Greater Washington Region (GWR) Golf Tournament, American Heart Association (2016-present)
• Coach, Boys’ Lacrosse Team, U13 Level (2012, 2013)
• Winner (with her horse), Stafford Place (aka Stanley), Training Level, American Eventing Championships (2012)
• Triathlete and Finisher, Seagull Century 100-Mile Bike Ride, Leukemia Society (2010, 2011, 2012, 2015)