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Areas of Practice
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Representative Experience
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Professional Background
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Professional/Civic Activities
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Speaking Engagements
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Court Admissions
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Bar Admissions
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Education
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Achievements
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Additional Information
Areas of Practice
Brian Cohen concentrates his practice in all aspects of government contracting and construction contract disputes for general contractors, subcontractors, suppliers, architects and engineers. His representative experience includes substantial litigation before the federal and Maryland courts, various boards of contract appeals, D.C. Superior Court, and mediation and arbitration before the American Arbitration Association.
Representative Experience
- The Walsh Group/Archer-Western Contractors, Ltd. — Request for Equitable Adjustment, 2003 WL 22351640, Lead counsel in the representation of an ENR 50 General Contractor in preparation of an omnibus Certified Claim/Request For Equitable Adjustment valued at over $17.5 million. This REA consisted of over 50 individual claims for, among other things, differing site conditions, delay, impact, inefficiency and change orders on the IRS Consolidated Computing Center, Martinsburg, West Virginia. Following a three-day mediation at the General Services Board of Contract Appeals, the case was successfully settled. The Walsh Group recovered $6.8 million on its $8.0 million claim.
- ABB Susa v. United States of America, Represented general contractor on numerous claims arising out of construction of a tank range in Kuwait. The claims involved defective specifications, differing site conditions, constructive changes and compensable delays. After extensive written discovery the parties held a two-day meeting which resulted in a successful settlement involving substantial payment by the Government to client and the Government’s waiver of liquidated damages.
- Granite Construction Company, Co-counsel for State of Maryland on $12 million differing site conditions/defective specifications claim related to underground rock conditions and alleged defective rock bolt design. Contractor claimed for direct costs, loss of efficiency and extended performance costs. Case included expert testimony on rock excavation and delay analysis. Responsible for 15 days of depositions and all quantum aspects of case, including scheduling. The case settled after six weeks of trial before the Maryland State Board of Contract Appeals.
- Traylor Brothers and Associates, Represented the State of Maryland as first chair in five-day trial concerning quantum issues pertaining to delay, loss of efficiency, standby costs and extended overhead. Board awarded contractor 24% of amount claimed.
- Clevecon-Au-Vianini, Represented the State of Maryland regarding a million dollar claim involving proper placement of subway tunnel walls. The Board denied appellant’s claim in its entirety.
- Mass Transit Administration v. Granite Construction Co., Represented State of Maryland on appeal of Maryland State Circuit Court decision granting partial relief to contractor. Responsible for all briefs and oral argument. Court ruled in favor of State and reversed lower court’s decision.
- Salisbury Steel v. Forti Poole & Kent LLC, Represented Steel fabricator as sole trial counsel in multi-million dollar dispute. Took 10 depositions and handled all aspects of eight-day trial, including post-trial briefs and oral argument.
- Lead counsel for general contractor on several construction claims involving a Corps of Engineers military project in Israel before the U.S. Court of Federal Claims. The cases have resulted in the issuance of seven reported decisions.
Professional Background
Previously, he served as Assistant Attorney General for the State of Maryland, where he represented the state in numerous construction claims involving complex scheduling and damages issues; and as a supervisory attorney for U.S. Army Corps of Engineers involved in all aspects of government contract law, including litigation and bid protests.
Professional/Civic Activities
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American Bar Association
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Maryland Bar Association
Speaking Engagements
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Lecturer to the Baltimore Bar Association on the Maryland Procurement Bill and State Procurement Regulations.
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Lecturer to the D.C. Metropolitan and Baltimore Chapters of the Construction Specifications Institute and the Washington Metropolitan and Baltimore Chapters of the American Institute of Architects on the Changes clause. Paper on Changes clause included in course manual entitled Maryland Construction Law.
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Lectured at various seminars for clients on construction claims and litigation.
Court Admissions
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U.S. Court of Federal Claims
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U.S. District Court for the District of Columbia
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U.S. District Court for the District of Maryland
Bar Admissions
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Bar of District of Columbia
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Bar of Maryland
Education
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J.D.,
University of Maryland School of Law
(1971)
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B.A.,
University of Maryland at Baltimore
(1969)
(with honors)
Achievements
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Received "Exceptional Service Award" from Attorney General Sachs for expertise in the field of construction claims litigation.
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Member of Psi Chi, Psychology Honorary Society.
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Honors Convocation, 1968.
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Dean's List 4 of 6 semesters.
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Accepted to University of Maryland School of Law after three years.
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Received B.A. after successful completion of first year of law school.
Additional Information
Publications
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"Delay Claims," Update on Construction, Cases Litigation, Maryland Institute for Continuing Professional Education of Lawyers, 1984.
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