Tamara McNulty

Partner

Tamara.McNulty@lewisbrisbois.com

Tamara McNulty is a partner in the Washington, D.C. office of Lewis Brisbois and the Chair of the Government Contracts Practice. She is also a member of the Construction, Complex Business & Commercial Litigation, and Administrative Law & Regulatory Practices with a focus on construction law and government contracts law. Tamara has practiced law in both Am Law 100 firms and as senior in-house counsel. Her practice is both national and international, providing legal services both in the United States and to companies working around the world.

Tamara was the Division Senior Counsel for Black & Veatch Special Projects Corp. (the Federal Contracts Corporation of Black & Veatch) reporting directly to the President of BVSPC. In that role she served on the BVSPC Executive Leadership team and the BVSPC Board of Directors. She has demonstrated the ability to work on multiple projects, to meet established deadlines, to be creative and solutions focused, and to take a strategic view. She has also served as the General Counsel (acting) to an expert electrical design-build and systems integration firm. In her in-house roles, she was involved in all aspects of the corporation’s legal matters, including ethics and compliance, HR, business transactions, managing procurement and managing outside counsel and litigation budgets.

Through her work as both a private firm lawyer and senior in-house counsel to the Federal division of a multi-billion-dollar global architecture, engineering and construction company, she has extensive knowledge of and experience with complex international legal and compliance issues, as well as the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), the Code of Federal Regulations (CFR), the False Claims Act (FCA), the Freedom of Information Act (FOIA), the Anti-Kickback Act, the Buy American Act, the Miller Act, the Prompt Payment Act, OSHA, and the Truth In Negotiations Act (TINA).

She regularly counsels federal contractors on investigations, business ethics, conduct codes and compliance, OFAC compliance issues, DCAA/DCMA audits and investigations, cost allowability and the Cost Accounting Standards, as well as labor and employment issues such as the Davis-Bacon Act and the Service Contract Act (SCA).

She is experienced in subcontracting plans, best value procurement strategy, and debriefings. She has extensive experience managing and assisting in the administration of a variety of contracts to include Firm-Fixed Price (FFP), Cost-Plus-Fixed-Fee (CPFF), Cost-Plus-Award-Fee (CPAF), Time-and- Materials (T&M), Indefinite Delivery - Indefinite Quantity (IDIQ), and negotiating Non-Disclosure Agreements and Teaming Agreements. Additionally, Tamara has extensive knowledge of green building and is a LEED Accredited Professional.

As the lead division counsel for BVSPC, she was involved in all aspects of BVSPC’s legal matters, including investigations, ethics and compliance, human resources and business transactions. As in-house counsel, she has managed multi-million-dollar litigation, including managing outside counsel, litigation budgets, plans and discovery. Tamara has investigated and provided legal analysis and advised on ethics and compliance investigations, CDA claims, bid protests, requests for equitable adjustments and design errors and omissions claims and recommend resolution strategies for these matters. She has also trained business unit operating staff on contract interpretation, government contract law issues, contract management processes and ethics and compliance matters, in both the classroom setting, in one-on-one mentoring, and during working sessions.

Tamara is an experienced trial attorney, and she has taught advanced trial skills for NITA. She has tried numerous cases in both state and federal courts, has asserted claims to various boards of contract appeals as well as the Court of Federal Claims, and has asserted and defended bid protests at both the state and federal levels.

Tamara advises clients on construction claims for contract extras, delay damages, impact damages, assessment of liquidated damages and substantive law surrounding these issues and has tried cases on all regarding these issues. She has also written two books on construction law and numerous articles and book chapters on topics of government contracts law, construction law, and surety law.

Tamara is accustomed to working with her clients from the onset of projects to avoid potential claims and disputes. She regularly assists clients in drafting and negotiating complex contracts for major infrastructure, energy, water, environmental and threat reduction projects around the world. Additionally, Tamara is experienced in mediations, arbitrations and other forms of alternative dispute resolution and was formerly an arbitrator for the American Arbitration Association’s Construction Law panel.

Primary Area(s) of Practice

  • Government Contracts
  • Construction
  • Complex Business & Commercial Litigation
  • Administrative Law & Regulatory Practice
  • Real Estate & Land Use

Additional Experience

Associations

  • Washington Building Congress, Past Chairman of the Board
  • Washington Building Congress Foundation, Director
  • Black & Veatch Special Projects Corp., Former Director Designate
  • Association of Corporate Counsel (National Capital Region Chapter; Compliance and Ethics Committee)(former), American Bar Association (Public Contracts Law; ABA Public Contract Law Section; Construction Division former Vice Chair; Member, Forum on the Construction Industry; Division 4 Working Committee, Project Delivery Systems; Division 12 Member, Owners and Lenders; Division 13 Steering Committee, Government Contracts
  • District of Columbia Bar Association
  • Maryland Bar Association
  • Virginia State Bar Association (Member, Construction Law Section)
  • Wisconsin Bar Association (Member, Non-Resident Lawyer's Division)
  • National Institute of Trial Advocacy (Instructor, Advanced Trial Skills Program)
  • Phi Alpha Delta Law Fraternity
  • Gamma Phi Beta Sorority
  • Charter Fellow, Construction Lawyers Society of America
  • DC Executive Women
  • Washington Women’s Leadership Initiative (former)

Awards & Honors

  • Martindale-Hubbell AV Preeminent Peer Review Rated
  • Listed in Chambers USA as a leading attorney in construction law (2010)
  • Group listed in Chambers USA, 2007-2010, 2017-2020, 2023, 2024
  • Outstanding Service Award, Washington Building Congress (2017)
  • Charter Fellow, Construction Lawyers Society of America (2017)
  • Fellow, Issued by American Bar Foundation

Professional Presentations

  • Speaker, “DFARS Part 243, Contract Modifications;” Webinar Series The Defense Federal Acquisition Supplement (July 2025)
  • Speaker, “FAR Part 43, Contract Modifications;” Webinar Series Get “FAR” Sighted in 2024, (June 2024)
  • Speaker, “Government Contract issues for Designers”, American Bar Association Forum on the Construction Industry, Division 3 Luncheon (August 2023)
  • Speaker, "Changes: Getting Paid for the Work that You Do" NECA National Convention, (October 2022)
  • Panelist, “DC Construction & Development” BISNOW Conference (October 2022)
  • Panelist, “Dollars & Sense: Analyzing Project Profitability from the Macro to the Micro.” ABA Forum on the Construction Industry, (February 2022)
  • Panelist, “DC Construction & Development” BISNOW Conference (February 2021)
  • Speaker, “Risk, Liability, Current Issues & Practical Tips for Contracts,” National Electrical Contractors Association, NECA Live 2020 (October 2020)
  • Presentation, “FAR Part 23, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace” Webinar Series Get “FAR” Sighted In 2020, May 22, 2020
  • Panelist, “Strategies for Success in the Construction Industry and Beyond,” Washington Building Congress Program for Young Professionals (May 2018)
  • Panelist, “Grabbing the Lion by the Tail: Pass-through Claims and Liquidating Agreements,” ABA Forum on Construction Law Midwinter Meeting, Fort Myers, FL (January 2018)
  • Speaker, “EEO Overview and Addressing Harassment in the Workplace,” Client employee training, Philadelphia, PA (September 2018)
  • Panelist, “In with the New and Out with the Old: How will the Trump Administration’s Regulatory Policies and Priorities Change Government Contracting?” ABA 23rd Annual Federal Procurement Institute, Annapolis, MD (March 2017)
  • Speaker, “Contracts – Your Roadmap for Successful Execution”, Black & Veatch Project Manager Training (December 2014, January 2015)
  • Panelist, “The Wow Factor: Look and Speak Like a Leader 2.0,” 10th Annual Women in Construction Leadership and Networking Conference (October 2015)
  • Panelist, “Breaking Up Instead of Building Up - Complicating Factors in Terminations of Government Construction Contracts”, ABA 20th Annual Federal Procurement Institute, Annapolis, MD (March 2014)
  • Trainer, “The Standard of Care for Architects and Engineers on Federal Government Projects,” Black & Veatch Project Manager Training (January 2014)
  • Panelist, “International Arbitrations”, Associated Owners and Developers Conference (February 2013)
  • Speaker, “Recent Developments in the False Claims Act”, ABA Forum on the Construction Industry Fall Conference, Boston, MA (October 2012)
  • Speaker, “Discovery in Construction Arbitration: When is Enough, Enough?” Presented by the American Arbitration Association (October 27, 2011)
  • Speaker, "Communications, Attorney Client Privilege & Federal Ethics and Compliance," Client training Overland Park, KS; Arlington, VA; and Alpharetta, GA; multiple sessions at each location (August 2011; September 2011; October 2011)
  • Moderator/Speaker, "Riding Out the Storm: Emerging Business Models and Metrics in a ‘Post-Recession' World," 5th Annual Women in Construction Leadership and Networking Conference (November 2010)
  • Speaker, "Government Contracting in the Age of Stimulus: Are You Ready for Transparency - Recent Changes to FAR, the False Claims Act, and Recent Federal Case Law Impacting Government Contractors," New York, NY (June 23, 2009)
  • Speaker, "Killer Contract Clauses," Professional Women in Construction's (PWC) Capital Region Chapter seminar, Washington, DC (July 10, 2008)
  • Moderator/Speaker, "Energy Savings Performance Contracting: Panacea or Pandora's Box?" Construction SuperConference, San Francisco, CA (December 11, 2008)
  • Panelist, "Proving and Defending Complex Claims: Cumulative Impacts, Acceleration, Inefficiencies, and the Like," Associated Owners & Developers National Conference East, Atlanta, GA (September 22-23, 2008)
  • Speaker, “Communications Do's and Don'ts,” “Attorney-Client Privilege in the Corporate Setting,” “Construction Scheduling Issues” and “Recent Changes to the Federal Acquisition Regulations and Recent False Claims Act Cases Affecting Federal Contractors”," Client annual training meeting, Framingham, MA (June 2008)
  • Speaker, "Creating and Managing the Schedule," Associated Owners and Developers Conference, Atlanta, GA (September 2007 and October 15-16, 2007)
  • Speaker, "Subcontract Clauses: Tricks and Traps," Insulation Contractor's Association of America Meeting (June 2007)
  • Speaker, "Key Provisions in Subcontracts," Lorman Education Services - The Fundamentals of Construction Contracts in Maryland (March 2004 and March 2005)
  • Panel Moderator, "Do You Want the World to See Your Dirty Laundry - Electronic Communications and Document Retention Policies," National Bond Claims Association Annual Meeting (October 2005)
  • Speaker, "Sarbanes-Oxley: It Will Affect Sureties Too!" National Bond Claims Association Annual Meeting (October 2002)
  • "The Advantages and Disadvantages of the Design-Build Method," Lorman Educations Services - Construction Management/Design Building in Virginia (December 2002 and 2003)
  • Speaker, "Surety and Insurance: Performance Bond Sureties and Their Role," Lorman Education Services - Construction Law: Can This Job Be Saved? (June 2002)
  • Speaker, "Cinderella's Shoes Are Too Small: The Surety's Limited Right to Assert the Pay-When-Paid Clause Defense of Its Principal," National Bond Claims Association Annual Meeting (October 2000)

Education

University of Wisconsin Law School

Juris Doctor, 1995

University of Wisconsin

Bachelor of Arts, 1991

Representative Matters

Among the matters that she has handled, Tamara has:

  • Drafting various form contracts for use on federal and state construction projects.
  • Significant experience advising on employment law compliance for government contractors (FAR, DFARS, SCA, CBA, etc.).
  • Reviewing and drafting employment agreements, offer letters, and policies.
  • Providing legal counsel on labor relations, terminations, and workforce restructuring. Assisting with internal investigations and responding to employee complaints.
  • Representing the Company in employment-related claims or disputes.
  • Supporting compliance with EEO, affirmative action, and workplace diversity requirements.
  • Advising on wage and hour laws, employee benefits, compensation matters, and related employment practice matters.
  • Represented a Prime Contractor and its Surety in the defense of a Virginia Little Miller Act payment bond claim. The case was resolved by negotiated settlement.
  • Represented a national building supply company in litigation concerning a breach of warranty claim. Resolved the case via a settlement of no pay out to the plaintiff, building owner.
  • Representing a Native American contractor in a claim against its defaulted subcontractor’s surety for costs to correct and complete the subcontractor’s work on multiple federal projects.
  • Drafting various form contracts for multiple Native American contractor’s use on federal projects, including, but not limited to, a design-build subcontract between contractor and designer, IDIQ contracts between contractor and its subcontractor on a construction project, and a design-build subcontract between the contractor and its constructor.
  • Providing training to multiple Native American businesses on issues related to construction, such as contract terms, change orders, and issues specifically related to Federal construction projects.
  • Drafting proposed change orders on various projects to be submitted to the Federal Government by various Native American businesses.
  • Advising a Native American contractor on issues related to Joint Ventures.
  • Advising a Native American contractor on a Request for Equitable Adjustment to the Department of State for a project in Juba, South Sudan which was impacted by the country’s shut-down due to the COVID-19 pandemic.
  • Represented an Alaska Native contractor in responding to a non-party witness subpoena in a trade secrets litigation.
  • Assisted an Alaska Native contractor in drafting multiple requests for equitable adjustment on contracts with the Department of the Navy, the National Aeronautics and Space Administration, and the United States Air Force.
  • Led the team that successfully defended and won on summary judgment a $266 million dollar qui tam action alleging false claims under and implied false certification theory. The case was then upheld on appeal to the 10th Circuit Court of Appeals.
  • Advised on legal issues and negotiated multi-million dollar contracts and subcontracts for U.S. Government projects ranging from USAID infrastructure and energy projects in Afghanistan and the West Bank, biological and nuclear threat reduction programs for DRTA in several international locations, environmental remediation projects for EPA, as well as various architecture and engineering projects for the Corps of Engineers and the Department of Defense.
  • Advised on legal issues relating to contracts with MCC, World Bank and EBRD for contracts in multiple international locations.
  • Chief legal advisor to the Ethics and Compliance Committee of the federal services corporation of one of the largest architecture, engineering and construction companies in the world. In that role she led and coordinated all ethics investigations, supervised determinations of the committee, made appropriate disclosures to the Federal government, when necessary. She was responsible to ensure that the ethics and compliance training met Federally-mandated standards and was appropriately implemented. She provided training to all employees of the corporation on various ethics and compliance issues.
  • Responsible for crafting a first of its kind subcontract with the Afghan Public Protection Force for security services upon the ruling by the Government of Afghanistan that private security companies would no longer be allowed to operate on U.S. Government projects in Afghanistan. This included resolving issues related to choice of law, default, insurance, and mandatory FAR flow down issues when contracting with a parastatal entity.
  • Represented an energy savings performance contractor in the legal management of a more than $95 million U.S. Navy project in Yokosuka, Japan, handling the drafting and negotiation of changes and REAs.
  • Represented an owner of a multimillion-dollar, multi-prime construction project in Prince George's County, Md., initially drafting the contract. She later assisted in the default termination of a contractor and the re-letting of that contractor's work. She successfully defended the client against the claims of contractors and in asserting the affirmative claims of the owner in court, in mediation and arbitration.
  • Represented the owner of a multimillion-dollar construction project of a senior living facility in Montgomery County, Md., drafting and negotiating the contract, assisting with insurance claims under the builders risk policy and delaying issues with the construction manager.
  • Represented an MBE subcontractor on its wrongful termination claims against the general contractor and payment bond claims against its surety.
  • Represented an energy-saving performance contractor in preparing and negotiating REA for owner-caused delay damages at a federal nuclear facility in Texas.
  • Successfully defended, on behalf of a large staffing services client, a GAO bid protest by an unsuccessful bidder on a $22 million, multi-year services contract for the Pension Benefit Guarantee Corporation (PBGC).
  • Successfully represented a contractor in defending a GAO protest by an unsuccessful bidder for a landscaping contract at Arlington Cemetery.
  • Successfully protested a GSA award of a janitorial services contract by arguing the source selection official failed to document the rationale for source selection consistent with the differential weighting of technical evaluation factors.
  • Successfully represented an international building systems manufacturer and contractor in its defense against the bid protest of the award of a multimillion dollar energy savings performance contract in Massachusetts.
  • Represented a major surety company defending against claims of $1.7 million in completion costs by a Fortune 500 energy savings performance prime contractor on a federal project that defaulted its mechanical subcontractor, resulting in an arbitrator's determination that default was wrongful and the prime contractor had violated the covenant of good faith and fair dealing against both the subcontractor and surety. The arbitrator awarded 93 percent of the requested costs and attorney fees -- in excess of $1.2 million -- to the surety and subcontractor.
  • Represented a contractor and its surety in the resolution of numerous payment and performance disputes arising out of seven construction projects and resolved more than 20 separate matters, resulting in net savings to both clients of millions of dollars.
  • Acted as counsel for a prime contractor on the Kennedy Center Site work renovation and led in authoring the prime contractor's Request for Equitable Adjustment in the range of $10 million, resulting in a favorable settlement.
  • Served as counsel for a first-tier subcontractor on the Kennedy Center Opera House renovation and led in authoring the subcontractor's REA, resulting in the successful settlement of a claim after mediation.
  • Served as counsel for a major Canadian surety sued by an owner for more than $1 million related to a defaulted curtain wall contractor, resulting in a dismissal and summary judgment of all claims against the surety.
  • Served as counsel in a jury trial against a developer charged with racial discrimination, resulting in the jury returning a verdict for the developer in less than half an hour that was later upheld on subsequent appeals.
  • Served as counsel for a surety in the defense and resolution of numerous payment and performance disputes arising out of a construction project at the University of Virginia, resolving several disputes by negotiated settlement and resolving one claim via settlement after trial of the matter.
  • Successfully represented a surety and its principal/contractor in asserting the no-damage-for-delay clause of its principal and defending the victories in the Fourth Circuit Court of Appeals and the Court of Appeals for the District of Columbia Circuit.
  • Successfully argued a creditor's motion for summary judgment in U.S. Bankruptcy Court, resulting in a $6.7 million non-dischargeable judgment against the debtor.

Publications

Tamara has written extensively on construction law and government contracting, authoring numerous articles and two books on construction law.

  • Article, “How the Infrastructure Investment and Jobs Act Will Impact Construction in 2024” ABA Litigation Section magazine, February 2024
  • Article, “Construction Contractors - Will your next Government project require a Project Labor Agreement?” PLG Alert, February 2022
  • Article, "The Infrastructure, Investment & Jobs Act of 2021: What's In It For You? (Part V: Grid Infrastructure and Resiliency)” PLG Alert, January 2022
  • Article, :The Infrastructure, Investment & Jobs Act of 2021: What's In It For You?” PLG Alert, November 2021
  • Article, "Practical Advice for Managing Price Escalation Throughout a Construction Project,” June 2021
  • Article, " Excusable Delay vs. Constructive Change and COVID-19”, 2020
  • Article, “This too Shall Pass Through: Pass Through Claims and Liquidating Agreements, VSB Public Contracts Meeting, September 2019
  • Article, Indemnification Clauses in Your Construction Contracts: Beware of over-indemnification, Feb 2019, Maryland Construction Network’s "Networked and Connected" Newsletter
  • Article, Severin Strikes Again! Apr 13, 2018, ASM Newsletter
  • Article, “The Clauses You Accept Are What You Get", Nov 30, 2017, Asmar, Schor & McKenna News
  • Article, “President Obama Signs into Law the Fraud Enforcement and Recovery Act,” May 27, 2009
  • Article, “Congress Continues its Efforts to Stem Perceived Fraudulent Activity in Federal Procurement,” April 2, 2009
  • Article, “President Obama Issues Memorandum Directing Federal Procurement Reform,” March 4, 2009
  • Article, "Supreme Court Clarifies the Extent to Which the False Claims Act Applies," June 27, 2008
  • Chapter, “Pennsylvania,” The Design-Build Deskbook (4th Ed.), ABA Construction Industry Forum (2010)
  • Chapter, "Virginia," Chapter 49, State-By-State Guide to Construction Contracts and Claims, Aspen Publishing, (October 2005, updated 2007, 2008, 2010, 2011, 2012, 2nd Ed. 2013; 2014)
  • Chapter, "Surety Bonds’ Chapter 23, Federal Government Construction Contracts," ABA Forum on Construction, Bastianelli Ed. (March 2003, updated 2010)
  • Article, "Sarbanes-Oxley: How It Will Affect Contractors and Sureties," The Construction Lawyer (January 2003)
  • Article "The Surety Manual - A Basic Users Guide for Obligees and Payment Bond Claimants," The Construction Lawyer (January 2002)
  • Book, "Maryland Construction Law," HLK Communications (January 2007, 2nd Ed. 2015, 3rd Ed. 2021)
  • Book, "Virginia Construction Law," HLK Communications (October 2005)

Clearance Eligibility

Former Single Scope Background Investigation (SSBI) (02 APR 2013), with Top Secret Eligibility from DISCO

Other Professional Activities

Tamara taught advanced trial skills to practicing attorneys through the National Institute of Trial Advocacy. Additionally, prior to moving to her in-house position she served as a neutral for the American Arbitration Association’s Construction Industry panel.