People: Jason N. Smith, Partner

Photo of Jason N. Smith, Partner

Jason N. Smith

Partner

Washington, D.C.
Direct: (202) 828-5346
Fax: (202) 641-9248
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Mr. Smith is Co-Chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. During the course of a project, Mr. Smith regularly assists clients with resolving design and construction issues to allow for project completion while preserving their rights. When disputes cannot be amicably resolved, Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics' liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.

Mr. Smith also has significant experience representing clients in complex insurance and commercial litigation. He has successfully litigated a myriad of complex commercial disputes relating to franchise agreements, commercial liability, patent infringement, intellectual property, technology claims, and employment-related disputes. Mr. Smith has also filed and litigated declaratory judgment actions addressing the availability of insurance coverage under personal and commercial policies of insurance.

Mr. Smith regularly prepares and presents seminars on legal issues related to the construction industry for various industry trade groups.

Mr. Smith is Co-Chair of the Washington, D.C. Litigation Practice Group. His practice focuses on the representation of owners, design-builders, design professionals, construction managers, and general contractors in all phases of the construction process. Mr. Smith’s pre-construction experience includes drafting and negotiating construction, construction management, and design agreements. During the course of a project, Mr. Smith regularly assists clients with resolving design and construction issues to allow for project completion while preserving their rights. When disputes cannot be amicably resolved, Mr. Smith assists clients with pursing their rights through litigation and alternative dispute resolution. His litigation experience includes all manner of construction and design disputes, including impact and delay claims, construction and design defects, differing site conditions, design negligence, terminations for default, change order and extra work disputes, requests for equitable adjustments, payment and performance bond claims, mechanics' liens, prompt payment and conditional payment disputes, and bid protests. Mr. Smith has substantial experience arbitrating and litigating design and construction claims, with a proven track record of success. He is an advocate for early case assessment and mediation, and has successfully resolved numerous claims through mediation. Mr. Smith has represented clients in state courts throughout the United States, federal courts, the U.S. Court of Federal Claims, the American Arbitration Association, and in several non-administered arbitrations.

Mr. Smith also has significant experience representing clients in complex insurance and commercial litigation. He has successfully litigated a myriad of complex commercial disputes relating to franchise agreements, commercial liability, patent infringement, intellectual property, technology claims, and employment-related disputes. Mr. Smith has also filed and litigated declaratory judgment actions addressing the availability of insurance coverage under personal and commercial policies of insurance.

Mr. Smith regularly prepares and presents seminars on legal issues related to the construction industry for various industry trade groups.

Education

  • J.D., University of Maryland School of Law (2007)
    cum laude
    President, Student Bar Association
    President, University Student Government Association
    Honor Board
    Honors: Dean’s Leadership Award recipient; William P. Cunningham Award for Exceptional Achievement and Service to the School of Law; Commencement Speaker for the University of Maryland, Baltimore
  • B.A. in Political Science, University of Michigan (2002)
    with Distinction

Admissions

  • Maryland
  • District of Columbia

Courts

  • U.S. District Court for the District of Maryland
  • United States District Court for the District of Columbia
  • United States Court of Federal Claims
  • United States Court of Appeals for the Fourth Circuit

Affiliations

  • Legislative and Legal Committee, Design Build Institute of America
  • Contracts Committee, Design Build Institute of America
  • Past Member, Board of Directors, American Subcontractors Association, Baltimore, Maryland
  • Baltimore City Bar Association (Bench/Bar Committee, Federal Practice Committee, Legislative Committee)

Representative Engagements

  • Representation of municipality in connection with $300 Million in claims against the United States and several engineers and contractors arising from the defective design and construction of a new port facility.
  • Representation of a developer and general contractor in connection with claims asserted by an adjacent property owner for defective design and construction work. Following arbitration, Mr. Smith obtained a complete defense verdict and prevailed on a counterclaim.
  • Representation of EPC contractor in connection with over $200 Million in claims arising out of damages and delays caused during the start-up and commissioning of a new 898 MW coal-fired Rankine cycle electrical generating facility.
  • Defense of a construction manager against claims asserted for the defective design of improvements made to an existing waste water treatment facility. Mr. Smith obtained complete victory following a motion to dismiss the claims.
  • Representation of designer in connection with claims for out of scope work related to the design of an incinerator for an existing waste water treatment facility. Claims were successfully resolved in mediation.
  • Defense of a quality control manager in connection with allegations of negligence resulting in substantial delays and repairs to a road and bridge project. Mr. Smith obtained dismissal of all claims and prevailed on counterclaims asserted against the plaintiff in a motion for summary judgment.
  • Defense of general contractor against several mechanics’ liens filed by various subcontractors. Mr. Smith successfully obtained dismissal of several claims in motions to dismiss, and the balance of claims were resolved in mediation. 

Reported Decisions

  • Municipality of Anchorage v. Integrated Concepts and Research Corporation, et al., 2016 WL 7109098 (D. Alaska, December 05, 2016)
  • Municipality of Anchorage v. Integrated Concepts & Research Corporation, et al., 2016 WL 6471010 (D. Alaska Oct. 31, 2016)
  • Municipality of Anchorage v. Integrated Concepts and Research Corporation, et al., 2015 WL 1345252 (D. Alaska, March 23, 2015)
  • Municipality of Anchorage v. Integrated Concepts and Research Corporation, et al., 2015 WL 926219 (D. Alaska Mar. 4, 2015)
  • Anchorage v. United States, 119 Fed. Cl. 709 (2015)
  • Anchorage, a Municipal Corporation v. Integrated Concepts & Research Corporation, et al., 1 F.Supp.3d 1001 (D. Alaska 2014)
  • Baney Corp. v. Agilysys NV, LLC, 773 F. Supp. 2d 593 (D. Md. 2011)