Representative Matters
Refinery Construction: Multiple changes, acceleration, and impact on Gulf coast EPC
contract; prepared, negotiated and mediated $33 million claim.

Lock Construction: Claims for differing site conditions, constructive changes, defective
specifications, disruption, and delay exceeding $30 million on contract for U.S. Corps of
Engineers; commenced litigation at ENGBCA; resolved all disputes in two-phase

Earthfill Dam/Reservoir: Claims for differing site conditions in rockfill and impervious
borrow areas on $385 million fixed price contract with local government water district;
prepared claims; resolved in mediation.
Co-Generation Facility: Defended EPC Contractor against boiler warranty claims;
resolved in mediation.

Hydropower Plant Construction: Served as “project counsel” to specialty contractor
building cutoff and structural slurry walls for power plant on Arkansas River; prepared
and negotiated claims involving defective specifications, contract interpretation, etc.;
prepared $3 million claim based on defective performance specifications; prosecuted
same in Federal District Court, obtained settlement at conclusion of discovery.

Water Treatment Plant Construction: Represented local government owner in
defense of contractor claims for defective specifications, delays, etc.; state court
litigation including third-party claims against design engineer settled pre-trial.

Road Construction: Represented local government owner in defense of claims by
contractor for delays, easement problems and changes; state court litigation settled pre-

Military Supply Contract: Successful trial before the ASBCA alleging unilateral mistake
in formation of fixed-price, military supply contract increasing contract value by
approximately $1 million on theory that Contracting Officer “knew or should have known”
of underbid.

School Construction: Claims involving soil moisture content, compaction problems
associated with differing site conditions; resolved in arbitration under AAA Construction
Industry Rules.

Parking Structures, Post-tensioned Concrete: Represented local government
owner in Missouri and contractor in Pennsylvania in similar projects involving defective
design of post-tensioned structural members; both cases resolved through AAA

Contract Negotiation and Drafting: Prepared standard construction and procurement
contract documents for general use by local government units in Virginia; negotiated
and prepared Comprehensive Agreements and design-build contracts under
VirginiaPublic-Private Education and Infrastructure Act (PPEA) for projects involving
schools, parking structure and police/E911 headquarters

Coal-fired Power Plant: Represented owner in negotiation and preparation of
design/build contract documents for $500 million power plant.

Jail Construction: Represented contractor in dispute with pre-cast concrete supplier
including commercial duress, delays; tried in U.S. District Court for Eastern District of

Landfill/Silt Basin: Represented contractor in dispute with Fairfax County Virginia over
scope of work and delay claims; trial in Fairfax County Circuit Court.

Refinery Construction: Represented Saudi Arabian owner in dispute over
convenience termination of DCS portion of new refinery under Saudi arbitration rules.

Nuclear SubmarineWharf: Represented contractor in dispute with Navy over defective
specifications, differing site conditions, and delays in marine construction; 9 week trial at

High Rise, Underground Parking, Mixed-Use Commercial Project: Represented
general contractor on multimillion dollar claims and disputes growing out of commercial,
mixed-use project in downtown Milwaukee, Wisconsin; disputes with the developer,
permanent lender and subcontractors were resolved through negotiation after initial
formal proceedings before AAA arbitration panel and state and federal courts; issues
included differing site conditions, defective specifications, lien priority, delay, and

Industrial Process Plant: Represented Contractor in complex disputes growing out of
$180,000,000 EPC contract involving differing site conditions, design scope issues and
defense of defective design allegations as well as bankruptcy and insurance coverage
issues. Case settled after commencement of AAA arbitration.

Waste Water Treatment Plant Upgrades: Represented private utility owner in
arbitration with contractor over disputes involving alleged design defects, delays and
disruption. Subsequently obtained reimbursement of design-related costs from design
professional through negotiation prior to initiation of litigation.

Virginia Public-Private Infrastructure Act: Represented Virginia municipality in
negotiation of design-build and related contract documents related to school, police
headquarters and parking structure projects.

Randall C. Allen, P.C.
Construction and Government
Procurement Law