Michael Richard Quoted in Construction Dive
Government contracting attorney Michael Richard was quoted in “The Dotted Line: Recouping costs for defective design, changes on federal design-build contracts,” an article published on Construction Dive on November 24, 2020. The piece is a part of “The Dotted Line” series, which takes an in-depth look at the complex legal landscape of the construction industry. Michael analyzes the design-build contracts and the defects in the government’s concept design. He explains that when it comes to federal contracts, a design-build contractor can recoup reasonable, extra costs incurred in the attempt to comply with the defective specifications and deliver a satisfactory end product, even if any necessary changes “constitute a relaxation of the specifications.”
Michael is an attorney in Obermayer’s Government Contracting Department, where he excels at getting clients to the settlement table. Michael’s tenacity is truly a force to be reckoned with. Over the past two years alone, he has settled over $30 million in claims against the United States government.
Michael has litigated before the Court of Federal Claims, the Armed Services Board of Contract Appeals (ASBCA), and the Civilian Boards of Contract Appeals (CBCA). He has litigated claims for delay, disruption, differing site conditions, design defects, overzealous inspection, negligent estimation of quantities, changes to design criteria, withholding of liquidated damages, and contract terminations. Michael has particularly in-depth skills in drafting, negotiating, and litigating claims under the Contract Dispute Act (CDA), especially for construction contractors, design-builders, designers, suppliers, IT contractors, and environmental remediation contractors.