People: Bennett D. Greenberg, Partner

Photo of Bennett D. Greenberg, Partner

Bennett D. Greenberg

Partner

Washington, D.C.
Direct: (202) 828-5336
Fax: (202) 828-5393
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Mr. Greenberg is a partner at Seyfarth Shaw LLP in the firm’s Washington, D.C. office. He is co-chair of the firm’s national construction practice and concentrates his practice in design and construction law. His work includes negotiating and drafting contracts setting forth the rights and responsibilities of the various parties to complex construction projects. He also counsels clients on procurement-related issues, contract administration, risk management, and dispute avoidance, and has extensive experience preparing claim documentation in support of equitable adjustments to contracts. Mr. Greenberg has successfully mediated, litigated, and arbitrated large complex, multi-party construction disputes.

Mr. Greenberg represents public and private sector owners, contractors, and design professionals in the design-build process. He has advised and educated clients on alternative project delivery systems, prepared and responded to request for proposals, drafted and negotiated design-build contracts structuring the relationships between the design-build participants, and has counseled clients on administering design-build contracts.

Mr. Greenberg has served as an arbitrator in numerous AAA cases, and is extremely active in the Design-Build Institute of America (DBIA). Mr. Greenberg is Special Legal Advisor to DBIA's Board of Directors.  Mr. Greenberg took the lead in drafting DBIA’s new model contracts documents, and was the recipient of the 1998 DBIA Leadership Award for his work on the new model form documents. Mr. Greenberg has authored numerous construction law articles and lectures throughout the country on construction law topics.

Mr. Greenberg is a partner at Seyfarth Shaw LLP in the firm’s Washington, D.C. office. He is co-chair of the firm’s national construction practice and concentrates his practice in design and construction law. His work includes negotiating and drafting contracts setting forth the rights and responsibilities of the various parties to complex construction projects. He also counsels clients on procurement-related issues, contract administration, risk management, and dispute avoidance, and has extensive experience preparing claim documentation in support of equitable adjustments to contracts. Mr. Greenberg has successfully mediated, litigated, and arbitrated large complex, multi-party construction disputes.

Mr. Greenberg represents public and private sector owners, contractors, and design professionals in the design-build process. He has advised and educated clients on alternative project delivery systems, prepared and responded to request for proposals, drafted and negotiated design-build contracts structuring the relationships between the design-build participants, and has counseled clients on administering design-build contracts.

Mr. Greenberg has served as an arbitrator in numerous AAA cases, and is extremely active in the Design-Build Institute of America (DBIA). Mr. Greenberg is Special Legal Advisor to DBIA's Board of Directors.  Mr. Greenberg took the lead in drafting DBIA’s new model contracts documents, and was the recipient of the 1998 DBIA Leadership Award for his work on the new model form documents. Mr. Greenberg has authored numerous construction law articles and lectures throughout the country on construction law topics.

Education

  • J.D., Georgetown University Law Center (1981)
  • B.A., State University of New York at Buffalo, summa cum laude 
    Certified Lean Six Sigma Yellow Belt

Admissions

  • District of Columbia

Courts

  • U.S. Court of Federal Claims

Affiliations

  • Design-Build Institute of America

Representative Engagements

  • Retained by major Metropolitan Area Transit Authority (WMATA) to assist with implementation of its recently adopted best value design-build procurement system.  Services included reviewing, evaluating, structuring, and drafting RFP packages and contract documents for use with Authority’s first design-build project.
  • Successfully negotiated and structured a client’s insurance recovery program, which facilitated the timely and profitable completion of a major community impact project.
  • Prepared extensive claim documentation that resulted in client’s recovery of forlos of productivity in connection with a troubled power plant project.
  • Recovered on behalf of design-builder client in connection with cost overruns experienced during the construction of a 580 MW power plant.
  • Structured and negotiated on behalf of construction manager client business and contractual terms and conditions in connection with the construction of one-half billion dollar Soldier Field stadium project.  Also, structured and negotiated comprehensive project specific insurance and risk management program.
  • Retained by the joint venture design-build team that was selected by the Pittsburgh Pirates to design and build the Pirates’ new $250 million dollar stadium.  Structured, negotiated, and drafted on behalf of client its contracts with the owner and its subconsultants, and also negotiated and structured terms of comprehensive project specific insurance program.
  • Structured and negotiated on behalf of design-builder business and contractual terms and conditions in connection with the design and construction of the New England Patriots’ $300 million stadium; also structured and negotiated related subcontract documents and comprehensive project specific insurance program.
  • Retained by program management team to assist in connection with the design and construction of Convention Center Project.  As part of services, helped the team evaluate the benefits and risks of various project delivery systems.  Also assisted the team structure the Convention Center Authority’s procurement, and drafted technical qualifications, evaluation criteria, and the contract terms and conditions for incorporation into the Convention Center Authority’s RFP.
  • Counseled design-builder client in connection with the solicitation for the design, remediation, and construction of a $140 million port redevelopment project.  Services included reviewing and assessing the terms of the RFP, seeking clarifications from the Redevelopment Authority regarding the scope of services and various provisions in the RFP, and structuring the design-build agreement between the design-builder and its design partner.
  • Drafted and negotiated design-build contracts in connection with GSA’s $150 million project for the design, construction, and maintenance of the new IRS Headquarters.  Also provided similar services in connection with the GSA’s $140 million design-build contract for the Minneapolis Federal Courthouse project.
  • Prepared extensive claim documentation and negotiated on behalf of design-builder client recovery of a large settlement in connection with claim that project owner failed to disclose its superior knowledge regarding environmental conditions at project site.
  • Counseled design-build team on procurement strategies in connection with successful pursuit of its first major Government design-build project.
  • Successfully mediated client’s multimillion dollar recovery in connection with claim that public owner issued numerous changes to the contract, and significantly delayed client’s performance.
  • Successfully mediated settlement whereby owner’s default termination of contractor client was converted to a termination for convenience, and client was reimbursed for additional sums expended in connection with its performance.
  • Successfully defended engineering client in arbitration against a claim filed by multi-prime contractors on a water treatment project.
  • Prepared risk assessment studies and counseled owner client on procurement strategies in connection with its proposed billion dollar building program.

Publications

  • Co-Author, "The ReaList - Volume 1, Edition 3," Newsletter, Seyfarth Shaw LLP (June 28, 2017)
  • “Design-Build Contract Risk Allocation,” Design-Build for Water and Wastewater Projects, American Water Works Association, Chapter 9 (2012)
  • “Design-Build for Stadiums and Other Community Impact Projects,” Design-Build For the Public Sector, Aspen Publishers, Inc. (2003)
  • “Risk Allocation: Design-Builder and Designer,” Design-Build Contracting Handbook, 2nd ed., Aspen Publishers, Inc. (2001)
  • Co- Author, “DBIA’s New Design-Build Standard Form Subcontract Agreements,” Construction Briefings, West Group, 99-19, (December 1999)
  • Co- Author, “The New DBIA Design-Build Standard Form Contracts,” Construction Briefings, Federal Publications, Inc., 98-13, (December 1998)
  • “Design-Build Contracting: The Newest Trend,” Journal of Construction Accounting And Taxation (Summer 1997)
  • “Teaming Agreement Promotes Project Success,” Legalities (May-June 1997)
  • “Close Coordination Among Team Members Is Critical To Design-Build Success,” Legalities (March-April 1996)
  • “Design-Builder And Owner Can Not Lose Sight Of Differing Site Conditions,” Legalities (January-February 1996)
  • “Design-Build: Taking The Guesswork Out of Site Safety Responsibilities,” Legalities (May-June 1994)
  • "Truth or Consequences: Expanding Civil and Criminal Liability for the Defective Pricing of Government Contracts," Catholic University Law Review (1988)
  • "An Analysis of the Web of Civil and Criminal Liability for Defective Pricing of Government Contracts," Catholic University Law Review (1984)

Accolades

  • Recognized by Chambers USA: America’s Leading Business Lawyers as a leading lawyer for Construction in the District of Columbia (2009-2017)
  • Recognized by The Legal 500 as a leading lawyer for Construction in the District of Columbia (2011-2017)
  • Inducted into the 2017 Legal 500 Hall of Fame. Fewer than 500 attorneys across the entire U.S. were entered into this inaugural list.