Senior Counsel Dan Toomey has recently received the following awards and recognition:
On November 9, 2017, Dan Toomey, Senior Counsel to McManus & Felsen LLP, became the 2017 Recipient of the Daniel G. Grove Award. This Award was made to Dan “in grateful recognition of his exceptional work as a teacher” in the NITA Advanced Trial Advocacy: Next-Level Trial Techniques Program. Mr. Toomey had been a Director and Co-Director of this Program for twelve years, stepping down as Co-Director last year. The Grove Award is named after Daniel G. Grove, who died in 2014. He, along with Dan Toomey, was one of the founders of the Georgetown/NITA Basic Trials Skills Program in 1978, in which both he and Dan Toomey were Team Leaders for 25 years. Dan Toomey was also a recipient of NITA’s Robert Oliphant Award in 2013, for his “outstanding service” to NITA.
We are pleased to announce that Jim Carney has become a Partner of McManus & Felsen LLP.
Daniel Felsen and Jim Carney of McManus & Felsen LLP will be presenting a webinar on Tuesday, September 26, 2017 titled "Identification and Notification of Construction Claims — Keys to Success." This webinar is included in the 12-part series Construction Claims & Change Order Management, hosted by WPL Publishing Co., Inc., publisher of ConstructionPro Network.
Joe McManus has been chosen to be recognized in the 24th Edition of The Best Lawyers in America for his work in the practice areas of construction law and construction litigation. He has been recognized by BestLawyers since 2003.
Chambers & Partners 2017 writes:
Joseph McManus manages the practice of McManus & Felsen LLP. He attracts praise from clients for “good business instincts as well as legal skills” and is described as “a strategic thinker.” He has broad experience advising clients on government contracts and is frequently seen acting on national and international litigation and arbitration matters.
Engineering News-Record, the national publication of record for engineering and construction news, recently published a feature article on our firm's “teaming agreement” victory in federal court in Atlanta. On June 1, 2017, United States District Judge Mark Cohen ruled that “teaming agreements” are enforceable contracts in Georgia, denying a motion to dismiss a teaming agreement complaint we filed on behalf of clients Crystal Steel Fabricators, Inc. and Memco. Inc. Judge Cohen ruled that our clients could proceed with their claim that AMEC Foster Wheeler Programs, Inc., had breached its teaming agreement with them in connection with a steel fabrication and erection contract for a missile site in Poland. Our clients claim $2.5 million in damages.
Link to ENR article: http://www.enr.com/articles/42240-when-is-a-teaming-agreement-binding?v=preview
Under the Bahamas Arbitration Act, the Supreme Court of the Bahamas has ordered a resort developer and its contractor to proceed to arbitration and further ordered that Joe McManus be the sole arbitrator in the matter. The resort is in Freeport which will be the locale of the arbitration. Joe is a member of the Charted Institute of Arbitrators (London) and is an arbitrator with the American Arbitration Association (Large Complex Construction Case and Commercial Panels).
In a construction-related dispute in the United States District Court for the District of Maryland, McManus & Felsen LLP’s (M&F’s) clients filed motions to compel their dispute to arbitration. The district court denied the motions, and M&F’s clients appealed to the United States Court of Appeals for the Fourth Circuit. The appellees moved to dismiss the appeals, arguing that the parties’ construction contract provided that the Maryland Uniform Arbitration Act (MUAA) governed and that the MUAA does not allow for an interlocutory appeal—an appeal before trial and before the trial court has entered a final order—of a denial of a motion to compel arbitration.
M&F argued that, despite the contract’s expressly identifying the MUAA, the Federal Arbitration Act (“FAA”) also applies, and under the FAA a party has the right to an interlocutory appeal of the district court’s denial of motions to compel arbitration. The Fourth Circuit agreed with M&F, finding that, since the parties’ transaction involved interstate commerce and M&F’s clients had adequately invoked the FAA, the Fourth Circuit has jurisdiction to hear the interlocutory appeals.
The Fourth Circuit’s opinion is attached.
Joe McManus and Dale Ellickson of McManus & Felsen LLP will be presenting a webinar on Thursday, June 15, 2017 titled “AIA vs. ConsensusDOCS: Understand Which Documents Are Right for Your Organization”. This webinar is hosted by WPL Publishing Co., Inc., publisher of ConstructionPro Network.
This year, significant changes have been made to the standard form construction contracts. It the end of last year the AIA issued wholesale revisions to the commonly used AIA Standard Form Documents. Earlier this year, ConsensusDOCS released its updated forms including its Design-Build series. Although these “form documents” have now been around for many years, the debate rages on as to which form should be used, when and why. Attend this 90-minute presentation to learn and explore the key differences between the AIA and ConsensusDOCS, and to develop a better understanding of which “form document” best suits your needs.
This presentation will discuss updates to these documents, the ins and outs of the competing forms, and the biases that are found in each set. You will be more prepared to identify the key terms that may seem innocuous, but in reality, could have a significant impact on your rights and obligations should you enter one of these form contracts.
This 90-minute, information-packed program will help you:
This program will be more than just a review of the standard contract forms. Your speakers will take sides and comment/negotiate from the contractors and owners/architect’s side to share the changes to the contracts, in an informative and entertaining dialog between the speakers.
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