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Lawrence M. Prosen

Partner
Washington DC
+1.202.778.9213
Fax +1.202.778.9100

Primary Practice

Secondary Practices

Education

  • J.D., Catholic University of America Columbus School of Law, 1997
  • B.A., University of Maryland at College Park, 1994
  • B.S., University of Maryland at College Park, 1994

Admissions

  • Bar of District of Columbia
  • Bar of Maryland
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Federal Claims
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • United States District Court for the Southern District of Texas
  • Biography Overview
  • Additional Background
  • Representative Work
Lawrence M. Prosen, who holds a degree in Architecture, concentrates his practice in the areas of public and private construction litigation and government contracts. A Member of the American Arbitration Association’s Construction Industry Panel of Neutrals, he is an arbitrator in construction-related disputes.

Mr. Prosen represents some of the largest construction contractors and subcontractors in the United States on projects ranging in value to over $400 million in all aspects of litigation, including trials, arbitrations, mediations and administrative appeals. He has extensive experience before various United States District Courts, the United States Court of Federal Claims, various Boards of Contract Appeal, Federal Aviation Administration's Office of Dispute Resolution for Acquisitions, as well as state and other federal courts.

He regularly represents prime and subcontractors as well as sureties on delay, impact, loss of productivity, changes/differing site conditions claims and other contract disputes. He has significant experience in Federal and state Miller Act bond actions and has represented numerous contactors on well over 100 protests both before the United States Government Accountability Office (GAO); United States Court of Federal Claims, as well as at the state and local level. He also regularly represents contractors in Small Business Administration matters including the Mentor-Protégé, 8(a), Service Disabled Veteran Owned and HUBZone Small Business Programs and Davis-Bacon Act and debarment/suspension matters.

His broad project experience ranges from dams and major bridges, energy generation and co-generation plants, subway and international airports, historic monuments and national memorials, waste water treatment plants, bridges, libraries, museums, historic preservation, demolition, abatement and renovation projects. He also has extensive experience in performing international projects from Africa to Europe to the Middle East as well as domestically.

Mr. Prosen also works on real estate projects and transactions involving the sale, purchase, leasing and construction of commercial, office, industrial, residential and institutional buildings valued at up to and exceeding $250 million.

Professional Background

Prior to joining the firm, Mr. Prosen was an associate at a boutique construction law firm based in Washington, D.C.

Achievements

Mr. Prosen’s contribution to the legal community pervades across a number of areas, from education and advocacy to participation in industry taskforces and organizations. From 2003–2006, Mr. Prosen was an adjunct professor at The Catholic University of America, where he taught a graduate-level course entitled, “Practical Construction Law.” A member of the ConsensusDOCS Federal Subcontract Taskforce; he was a Finalist & Nominee for the “Marvin P. Sadur Award” for Outstanding Service, D.C. Metropolitan Subcontractors Association.

Mr. Prosen has been quoted in various publications and has extensive speaking engagement experience.

Mr. Prosen is AV Preeminent rated by Martindale Hubbard. 

Professional/Civic Activities

  • District of Columbia Bar Association
  • Maryland State Bar Association
  • District of Columbia Department of Local & Small Business Development, Construction Industry Advisory Counsel member
  • Builder's Ball (Organizing Committee Member & Primary Outside Counsel)
  • Associated Builders & Contactors of Metro Washington (Past Chair, District of Columbia Legislative Committee)
  • American Subcontractors Association (Member, Attorney's Council)

Speaking Engagements

Mr. Prosen has lectured and conducted seminars for clients and associations, including the Associated Builders and Contractors of Metro Washington, American Subcontractors Association, D.C. Metropolitan Subcontractor's Association and other groups.  Some highlights of Mr. Prosen's seminars include:
  • Panelist Speaker, “Not all Construction Damage Recoveries are Considered Equal," Construction SuperConference 2010, San Francisco, CA, November 16, 2010
  • “The American Recovery & Reinvestment Act of 2009 - What it Means to You," K&L Gates LLP Hot Topics In Construction Seminar, January 26, 2010.
  • “Managing Dispute Resolution Options in the Construction Industry,” American Arbitration Association Construction Roundtable, December 3, 2008
Representation of several ENR Top 100 General Contractors in numerous contract, delay, impact and loss of productivity claims and litigation scenarios, including:
  • Successfully represented prime contractor in project involving a city agency’s refusal/failure to remit payment on outstanding base contract and pending change orders as well as loss of productivity and delay damages. Case settled successfully for client following mediation.
  • Represented Mechanical Contractor in pass-through claims against GSA involving NOAA National Environmental Satellite, Data and Information Satellite Operations Control Center. Took over case from prior counsel in March 2010; performed extensive fact/document discovery on claims involving differing site conditions, defective contract documents/design, extended performance, loss of productivity and acceleration claims and other matters. Case successfully settled following ADR meetings.
  • Preparation and prosecution of a $17.5 million Certified Claim, consisting of over 50 separate claims for differing site conditions, delay, impact, inefficiency and change orders on the U.S. IRS Consolidated Computing Center, Martinsburg, West Virginia. Case successfully settled in non-binding mediation before General Services Board of Contract Appeals.
  • Represent contractors on protests before agency, GAO, FAA's Office for Dispute Resolution in Acquisitions, United States Court of Federal Claims and at state and local government levels, valued between $500,000 and approximately $25 billion.
  • Represented a general contractor on claims arising out of a Kuwaiti tank and artillery range under United States Army Corps of Engineers prime contract. Claims involved defective specifications, differing site conditions, constructive changes and compensable delays.
  • Successfully represented Intervenor in protest involving operation and maintenance of three (3) U.S. Centers for Disease Control Campuses in Georgia, including Biosafety Level 3 & 4 laboratories. Protest involved multiple requests for summary dismissal and four supplemental protests.
  • Representation before U.S. Court of Federal Claims relating to differing site conditions, actual and constructive change orders, delay, impossibility, violation of Spearin implied warranty, defective specifications, and other items, for construction of $125 million military storage base in Nachshonim, Israel. Participated in all aspects of litigation, including performing discovery in Israel, Germany and U.S.
  • Successfully represented awardee/intervenor before GAO in case of first impression interpreting SBA and FAR HUBZone Regulations involving application of price evaluation preference. Reported in Construction Claims Monthly, Vol. 25, No. 10 (October 2003) at 5.
  • Successfully represented Voice Switch Manufacturer in protest for the Automated Flight Service Station Voice Switch Replacement Solicitation before FAA’s Office of Dispute Resolution for Acquisition. Contract was valued at approximately $100 million. Resulted in FAA Administrator ordering Termination for Convenience of contract awarded to awardee and a directed award to client. Decision reaffirmed following FAA and Intervenor Motions for Reconsideration. (Reported in BNA Federal Contracts, Vol. 78, No. 20 pp. 614-15).
  • FAA Office of Dispute Resolution for Acquisition protest. Successfully represented client in second pre-award protest of FAA’s ERAM (En Route Automaton Modernization) contract against Fortune 100 government contractor. 
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