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Gravel2Gavel - A blog covering a wide range of business and legal issues affecting the construction industry and related sectors.
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Publications

Washington, DC
2300 N Street, NW
Washington, DC 20037-1122
Tel. +1.202.663.9386
Fax. +1.202.663.8007
Admissions
District of Columbia
State of Washington
Education
J.D., Washington University School of Law, 1998
A.B., Duke University, 1994

Professionals

Michael S. McNamara

Michael S. McNamara
Partner

Michael McNamara is a trial lawyer focusing on litigation of complex construction and engineering disputes and also on representing policyholders in insurance coverage disputes, usually arising out of construction projects. He has tried cases to both juries and judges, and in federal courts and in state courts. The geographic reach of his experience is broad; his trials and arbitration hearings have been in the District of Columbia, Florida, Michigan, New Jersey, Virginia, and Washington State. His experience ranges from projects ranging from hotels and convention centers to power plants and cruise ship terminals.

Representative Matters
  • Represented owner in jury trial against subcontractor obtaining seven figure verdict for Chinese drywall.
  • Represented contractor against principals of subcontractor on alter ego claim, settling during jury trial for six figure result.
  • Represented the owner in a high profile crane collapse and recovered more than $3 million from the insurance carrier. 
  • Represented hotel owner against contractor in AAA arbitration over remodel, and obtained award for substantially all of owner’s delay and defective work claims in arbitration award.
  • Represented a contractor after a support of excavation system collapsed; negotiating $8 million settlement with builders risk carrier and obtained defense and indemnity coverage from GL carrier for neighbor claims.
  • Obtained a winning appellate decision creating an exception to New York’s prohibition against “pay if paid” subcontract clauses.  Cives Corp. v. Hunt Construction Group, Inc., et al., 91 A.D. 3d 1178 (NY App. 3d 2012). 
  • Represented the owner of a building with Chinese Drywall and recovering $5 million  through a settlement with a manufacturer.
  • Represented prime contractor defeating subcontractor’s claims for fraud and breach of contract claims and winning seven figure judgments for both damages and attorneys’ fees after a bench trial in federal court. 
  • Represented government contractor in federal court litigation brought by subcontractor seeking $26 million in total damages for fraud, breach of contract, and alleged violations of the Alien Tort Claims Act, among others, successfully negotiating a very favorable confidential settlement.
  • Represented owner against contractor’s delay and wrongful termination claims and on owner’s counterclaim for defective construction and construction delays on a cruise ship terminal project, defeating summary judgment and obtaining a favorable settlement.
Honors & Awards
  • Chambers USA, Construction—DC (2013-2014)
Courts
United States Court of Appeals for the Third Circuit, United States Court of Appeals for the Ninth Circuit, United States Court of Appeals for the District of Columbia Circuit, United States District Court for the District of Columbia, United States District Court for the Eastern District of Washington, United States District Court for the Western District of Washington
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