ACCL Membership Directory

Joseph D. West

  • Partner, Government & Construction Contracts
  • Gibson, Dunn & Crutcher LLP
  • 1050 Connecticut Avenue, N.W.
  • Washington, District of Colombia 20036-5306
  • Email: jwest@gibsondunn.com
  • Phone: (202) 955-8658
  • Cell: (703) 409-3588
  • Company Phone: (202) 955-8500
  • Fax: (202) 530-9590

Education

  • Undergraduate: Bachelor of Civil Engineering, Villanova University, May 1971
  • Law School: Juris Doctor, The George Washington University, February 1977

Honors and Activities

Education Awards / Honors

At The George Washington University

  • Graduated with High Honors
  • Editor, The George Washingon Law Review
  • Member, Order of the Coif

At Villanova University

  • Graduated Magna Cum Laude
  • Member, Tau Beta Pi and Chi Epsilon (engineering honoraries)

Professional Awards / Honors

  • Awarded a Peer Review Rating of “AV Preeminent” by Martindale-Hubbell for over 27 consecutive years (since 1991)
  • Given a “First Tier” ranking as a construction lawyer in the inaugural (2003) and subsequent (2004 – 2015) editions of Chambers USA — America’s Leading Business Lawyers
  • Recognized by Washington DC Super Lawyers in the Government Contracts practice area for 12 consecutive years (2007-2018), and as one of the “Top 100” Washington, DC lawyers across all practice areas in 2007, 2016, 2017, and 2018
  • Chosen by The Washington Business Journal as the city’s “Top Government Contracts Lawyer” in its 2006 Top Washington Lawyers edition
  • Recognized as one of the top twenty-five government contracts lawyers nationwide in the 2005 – 2017 editions of Chambers USA — America’s Leading Business Lawyers
  • Named by The Legal Times as one of the D.C. Area’s Top Twelve Federal Procurement Attorneys (“Leading Lawyers” series; November 1, 2004)
  • Named by the Washingtonian magazine as one of Washington’s “Top Lawyers” in Government Contracts law in December 2009, 2011, 2013, 2015, and 2017

Career History

May 2004 – Present: Gibson, Dunn & Crutcher LLP (Washington, DC) 








































































































































































































































Partner, and Co-Chair of the Government Contracts Practice

January 1993 – April 2004: Arnold & Porter LLP (Washington, DC) Partner, and Responsible Partner for the Government and Construction Contracts Practice

March 1985 – January 1993: Jones, Day, Reavis & Pogue (Washington, DC)  































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Partner, and Chair of Government Contracts Section

June 1979 – February 1985: Crowell & Moring (Washington, DC)






































































































































 





































































































































































































































Associate/Partner

March 1977 – May 1979: Jones, Day, Reavis & Pogue (Washington, DC) Associate

Professional Activities

  • Fellow, American College of Construction Lawyers ; Member of Board of Governors (2014-2017)
  • Registered Professional Engineer in the Commonwealth of Virginia
  • Co-Chair, Steering Committee of the Government Contracts and Litigation Section, District of Columbia Bar (2004-2006)
  • Member, Board of Governors of the Construction Law and Public Contracts Section,Virginia State Bar (1997-2003)
  • Member, American Bar Association Forum on the Construction Industry (Member of the Forum’s Governing Committee from 2008 – 2011; Chair of the Forum’s Steering Committee of Division 1 (Dispute Avoidance and Resolution) from 2002-2004)
  • Member, American Bar Association Public Contract Law Section (former Co-Chair of the Public Contract Law Section’s Debarment and Suspension Committee (2009 -2012); former Vice-Chair of the Section’s Pro Bono and Acquisition Reform and Emerging Issues Committees (2006-2009))
  • National Associate Member, Associated General Contractors of America (AGC)
  • Member, Advisory Board of Thomson/Reuters/West’s publication, The Government Contractor
  • Member, and Certified as a Professional Contract Manager by, the National Contract Management Association

 

Representative Articles, Publications, Speeches and Seminars

Articles and Publications:

  • “Federal Government Reviews of Contractor Past Performance,” the Journal of the American College of Construction Lawyers, Volume 10, Number 1, Winter 2016 (with Erin N. Rankin);
  • “A Dealmaker’s Guide to National Security Implications of Foreign Investment in U.S. Government Contractors,” Briefing Papers, Second Series (Issue 15-07; Thomson Reuters/West, 2015)(with Judith A. Lee, Jose W. Fernandez, Andrea F. Farr, and Stephenie Gosnell Handler);
  • “National Security Implications of Foreign Investment in U.S. Government Contractors/Edition II,” Briefing Papers, Second Series (Issue 14-03; Thomson Reuters/West, 2014)(with Judith A. Lee, Jose W. Fernandez, Annie Yan, and Sarah B. Gleich);
  • “The Environmental Protection Agency’s Suspension and Debarment Program,” Briefing Papers, Second Series (Issue 13-12; Thomson/Reuters/West, 2013) (with Raymond B. Ludwiszewski, Robert F. Meunier, and Carey A. Fenton);
  • “The Federal Awardee Performance and Integrity Information System,” Briefing Papers, Second Series (Issue 11-11; Thomson/Reuters/West, 2011) (with Diana G. Richard and Owen F. Whitehurst);
  • “The Reasonableness of Liquidated Damages Provisions – Why Only the Look Back Approach Can Prevent Windfalls,” the Journal of the American College of Construction Lawyers, Volume 4, Number 1, Winter 2010 (with Michael B. Hissam);
  • Federal Government Construction Contracts, Second Edition, published by the American Bar Association Forum on the Construction Industry in 2010 (co-edited with Michael A. Branca, Aaron P. Silberman, John S. Vento, Adrian L. Bastianelli, III and Andrew D. Ness) (and co-author with Christyne K. Brennan of chapter on “Terminiation for Convenience”);
  • “Contractor Business Ethics Compliance Program and Disclosure Requirements,” Briefing Papers, Second Series (Issue 09-05; Thomson Reuters/West, 2009)(with Diana G. Richard, Karen L. Manos, Christyne K. Brennan, et al.);
  • “Postemployment Conflict-of-Interest Restrictions on Former Employees of the Executive Branch,” Briefing Papers, Second Series (Issue 09-03; Thomson Reuters/West, 2009)(with Diana G. Richard and Christyne K. Brennan);
  • The Construction Law Handbook Second Edition, published by Aspen Law & Business/Wiley Law Publications in 2008 (co-author with Christyne K. Brennan of chapter on “The Use of ADR in Federal Claims”);
  • The Virginia CLE Book on Construction Law, published by Virginia Continuing Legal Education in 2008 (co-author with Christyne K. Brennan of chapter on “Federal Public Construction”);
  • “National Security Implications of Foreign Investment in U.S. Government Contractors,” Briefing Papers, Second Series (Issue 07-11; Thomson Reuters/West, 2007)(with Judith A. Lee, Christyne K. Brennan, Dave M. Wharwood, and Patrick F. Speice, Jr.);
  • “Suspension & Debarment,” Briefing Papers, Second Series (Issue 06-09; Thomson/West, 2006) (with Timothy J. Hatch, Christyne K. Brennan, and Lawrence J.C. Van Dyke);
  • “U.S. Export Control Compliance Requirements for Government Contractors,” Briefing Papers, Second Series (Issue 05-12; Thomson/West, 2005) (with Judith A. Lee and Jason A. Monahan);
  • “The Must-Do Contract: Uncle Sam can require companies to do his disaster relief bidding,” The Legal Times (Volume XXVII, Number 45; November 7, 2005) (with Mary Ita Snyder);
  • “Successfully Navigating a Complex Area of the Law,” Winning Legal Strategies for Government Contractors (Aspatore, Inc., 2005);
  • Federal Government Construction Contracts, published by the American Bar Association Forum on the Construction Industry in 2003 (co-edited with Adrian L. Bastianelli, III and Andrew D. Ness) (author of chapters on “Termination for Convenience” and “Past Performance Information”);
  • Design-Build Contracting Claims, published by Aspen Law & Business/Wiley Law Publications in 1999 (co-edited with Barry B. Bramble) (author of chapter on “Claims and Dispute Resolution in Federal Design-Build Projects”);
  • The Construction Law Handbook, published by Aspen Law & Business/Wiley Law Publications in 1999 (author of chapter on “The Use of ADR in Resolving Federal Construction Contract Disputes”);
  • “Past Performance,” Briefing Papers, Second Series (Issue 99-10; West Group, 1999) (with Robert Wagman, Jr.);
  • “Practical Advice Concerning the Federal Government’s Termination for Convenience Clause,” The Construction Lawyer (Volume 17, Number 4; October 1997);
  • “Contract-Related Statutes of Limitations,” Briefing Papers, Second Series (Issue 97-7; Fed. Pub., 1997) (with Susan B. Cassidy);
  • “How the BAA [Buy American Act] Affects Construction Contractors,” The Procurement Lawyer (Volume 32, Number 3; Spring 1997) (with Jeffrey L. Handwerker);
  • “The ‘In Dispute’ Requirement After Ellett: A Resuscitation of the Dawco Standards?”, The Government Contractor (Feature Comment) (Volume 38, Number 46; December 1996) (with Jeffrey L. Handwerker);
  • “The Use of Past Performance Information in the Source Selection Process: How the Skeletons in Your Closet Can Scare Away Government Business,” Contract Management (NCMA; December 1996) (with Aseem V. Mehta) [N.B. This article received NCMA’s Charles J. Delaney Memorial Award for the best article published by NCMA during 1996.];
  • “A New Standard For Overturning A Termination for Convenience: Krygoski Construction Co. v. S.,” The Construction Contractor (Practitioner Note) (Volume 20, Number 24; November 1996);
  • “A Practical Guide to Alternative Dispute Resolution in Federal Construction Contracts,” published by Arnold & Porter (June 1996) (with Lisa Horowitz);
  • “New Life for the Eichleay Formula,” The Constructor (published by the Associated General Contractors of America) (May 1994) (with Ronald A. Schechter);
  • “Recovery of Home Office Overhead — Resurrection of the Eichleay Formula,” Government Contract Costs, Pricing & Accounting Report (Issue 94-3; Fed. Pub., March 1994) (with Ronald A. Schechter);
  • “The Content of a Claim: Yet Another Impediment to Resolution,” The Clause (published by the Board of Contract Appeals Bar Association) (Volume IV, Number 2; January 1994);
  • “Resolving Construction Disputes Through Mediation,” Construction Claims Monthly (Volume 15, Number 12; December 1993) (with Phillip R. McDonald);
  • “Defective Pricing: The Erosion of the Natural and Probable Consequences Rule,” Acquisition Issues (Vol. 3, No. 8; Holbrook & Kellogg Inc., August 1993) (with J. Robert Humphries);
  • “Access to Contractor Records/Edition II,” Government Contractor Briefing Papers (Issue 88-5; Fed. Pub., 1988) (with Judith B. Kassel); and
  • “Liabilities for Job Site Injuries — A Potential Pitfall for the Construction Manager,” Contract Management (August 1982) (with Eldon H. Crowell).

Speeches, Panel Discussions, and Seminars:

  • “Domestic Sourcing Issues in Construction Contracts,” a segment of a program by the Public Contracts Committee, presented at the 27th Annual Meeting of the American College of Construction Lawyers (Laguna Beach, CA; February 2016);
  • “Federal Government Reviews of Contractor Performance,” a segment of a program on “Federal Government Contracting,” presented at the 26th Annual Meeting of the American College of Construction Lawyers (Key Biscayne, FL; February 2015);
  • “The Compliance/Debarment Continuum – An Evolving Landscape,” presented at the Federal Procurement Institute, sponsored by the ABA Public Contract Law Section (Annapolis, MD; March 2014);
  • “Fraud in the Inducement as a Basis for Liability under the Civil False Claims Act,” a segment of a program by the Public Contracts Committee, presented at the 25th Annual Meeting of the American College of Construction Lawyers (Scottsdale, AZ; February 2014);
  • “Business Ethics & Compliance,” Year in Review Conference, Thomson Reuters/West (Washington, DC; February 2006 through 2014);
  • “When Your Estimates and Contract Bids Can Become ‘False Claims’: How to Strengthen Your Cost and Price Proposal Practices to Reduce New Prosecution, Penalty, Suspension and Debarment Risks,” Strengthening Pre- and Post-Award Compliance Practices to Minimize the Risks of Disallowed Costs, Withholdings and False Claims, presented by the American Conference Institute’s 4th Advanced Forum on Government Contract Cost & Pricing (Arlington, VA; April 2013);
  • “Contract Drafting To Reduce or Eliminate Damages – What Are the Limits?” Making Dollars and Sense of Construction Damages, presented by the ABA Forum on the Construction Industry (Naples, FL; January 2013);
  • “False Claims Act Enforcement in Procurement and Nontraditional Areas,” presented at the ABA Ninth National Institute on the Civil False Claims Act and Qui Tam Enforcement (Washington, DC; June 2012);
  • “Corporate Compliance,” presented at the Department of Energy Contractor Attorneys’ Association Spring Conference (Las Vegas, NV; May 2011);
  • “Gratuities and Kickbacks,” a segment of a program on “Ethical Problems in Federal Contracts,” presented at the 22nd Annual Meeting of the American College of Construction Lawyers (Key Biscayne, FL; February 2011);
  • “Mandatory Disclosure of Criminal Conduct,” Nash & Cibinic Roundtable, Thomson/Reuters West (Washington, DC; December 2009);
  • “Recent Developments in Federal Anti-Fraud, Compliance and Disclosure Requirements, and How They Affect State and Local Government Contracts,” presented at the 30th Annual Construction and Public Contracts Law Seminar, sponsored by the Virginia State Bar (Charlottesville, VA; November 2009);
  • “Preventing and Responding to False Claims Act Litigation,” presented at the American Conference Institute’s National Forum on Government Contracts Litigation & Investigations (Washington, October 2007);
  • “The Evolution of Design-Build in the Federal Marketplace,” presented at the A/E Issues Construction Superconference (San Francisco, CA; December 2004);
  • “Homeland Security,” Year in Review Conference, The West Group (Washington, DC; February 2005 and January 2004);
  • “Award Challenges/Bid Protests to Best Value Awards,” Value Based Contracting It’s Not Just Price Anymore, presented by the ABA Forum on the Construction Industry (Washington, DC; October 2003);
  • “Past Performance Issues,” Year in Review Conference, The West Group (Washington, DC; January 2003 and 2000, February 2002, 2001 and 1999);
  • “Past Performance,” Nash & Cibinic Roundtable, The West Group (Washington, DC; November 2000);
  • “The Federal Angle,” Big Projects, Big Bucks, Big Risks: Examining Heavy Construction, presented by the ABA Forum on the Construction Industry (Las Vegas, NV; April 1999);
  • “Current Developments in Past Performance,” presented at the Federal Procurement Institute, sponsored by the ABA Public Contract Law Section (Annapolis, MD; February 1999);
  • “Recent Statutory and Regulatory Developments Affecting Federal Construction Contractors,” presented at the Associated General Contractors of America Mid-Year Meeting; (Charlotte, NC; September 1998);
  • “The Owner’s Damages Claims,” Show Me The Money, presented by the ABA Forum on the Construction Industry and the TIPS, Fidelity & Surety Law Committee (San Francisco, CA; January 1998);
  • “Compliance Issues,” Year in Review Conference, presented by Federal Publications, Inc. (Washington, DC; January 1998);
  • “Procurement Reform: How It Has Affected — And Will Affect — the Role of the Boards,” presented at the Board of Contract Appeals Bar Association Annual Meeting (Washington, DC; October 1997);
  • “The Use of ADR to Resolve Federal Contract Disputes,” The ADR Superconference, presented by the American Arbitration Association, et al. (Washington, DC; April 1997);
  • “Recovery of Field and Home Office Overhead,” presented at the Mechanical/Electrical/Sheet Metal Construction Alliance National Issues Conference (Washington, DC; April 1997);
  • “An ADR Overview,” presented at the Associated General Contractors of America National Convention (Washington, DC; March 1997);
  • “Compliance Issues,” Year in Review Conference, presented by Federal Publications, Inc. (Washington, DC; January 1997);
  • “Design-Build Construction,” a three-day course developed exclusively for and presented through Federal Publications, Inc. (1997)
  • “The Federal Project in Disguise; Government Contracting by Surrogate,” presented at The Construction Superconference (San Francisco, CA; December 1996);
  • “Terminations for Convenience: The Public Contract Perspective,” presented at The Construction Law Summit, sponsored by the ABA Forum on the Construction Industry (New York City; October 1996);
  • “The Role of the Buy American Act in Construction,” presented at a Joint Meeting of the ABA Public Contract Law and International Law Sections (San Antonio, TX; January 1996);
  • “The Cost Effective Management of Your Construction Dispute,” presented at The Construction Superconference (San Francisco, CA; November 1994);
  • “How and When to Terminate for Default,” presented at the 15th Annual Construction Law and Public Contracts Seminar, sponsored by the Virginia State Bar (Charlottesville, VA; November 1994);
  • “Using Videotape and Other Innovative Tools in ADR,” Charting the Course to the Year 2000 Together, sponsored by the Dispute Avoidance and Resolution Task Force (“DART”), the ABA Forum on the Construction Industry, et al. (Lexington, KY; October 1994);
  • “Proving Damages Through Lay and Expert Testimony,” Trying a Complex Construction Case, presented by Prentice Hall Law & Business (San Francisco, CA; October 1994);
  • “Partnering Your Construction Contract,” presented at The Construction Superconference (New York City; April 1994);
  • “The Dilemma of Default Termination for the Owner, The Contractor and the Surety,” Construction in the 90s — New Issues and New Concerns for the Construction Industry, presented by the Construction Law and Public Contracts Section of the Virginia State Bar (Richmond, VA; March 1994);
  • “Partnering: the Emperor’s New Clothes,” presented at The Construction Superconference (San Francisco, CA; November 1993);
  • “Government Construction Contracts,” [taught session on Changes and Differing Site Conditions as part of a four-day course presented through Federal Publications, Inc.] (1987-1990);
  • “Government Contract Claims,” a three-day course developed exclusively for and presented through Federal Publications, Inc. (1985-1992); and,
  • “Fundamentals of Government Contracts,” [taught sessions on Costs, Defective Pricing and Intellectual Property as part of a four-day course presented through Federal Publications, Inc.] (1986-1997).

Court Admissions

  • United States Supreme Court
  • United States Courts of Appeals for the Federal, District of Columbia, and Fourth Circuits
  • United States District Courts for the Eastern District of Virginia and the District of Columbia
  • United States Court of Federal Claims
  • Commonwealth of Virginia and District of Columbia Bars

 



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