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Michael R. Charness
Michael R. Charness
Experience | Education | Recognition | Activities | Publications
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Biography
Michael is a Partner in the Complex Commercial Litigation Department and the Government Contracts and Export Controls Group. His practice focuses on government contracts, construction, privatization, and international procurement law.
Michael has broad experience in counseling large and small supply, service, and construction clients on a variety of federal, state, local, and international government contract issues; assisting contractors and state and federal agencies in the privatization of government activities including those relating to water and wastewater; environmental remediation; military housing; and roads, bridges, and highways; conducting due diligence investigations in connection with corporate mergers, acquisitions, and divestitures; counseling clients on issues relating to the Foreign Corrupt Practices Act; handling bid protests before the U.S. General Accounting Office, state, and federal courts; undertaking internal investigations and defending clients in matters relating to ethics matters, and civil and criminal false claims and fraud; and preparing and litigating claims both domestically and abroad, especially in the areas of changes, defective pricing, defective specifications, environmental cleanup contracting, delay and disruption, and differing site conditions. In recent years, Michael has assisted in preparing and prosecuting some of the largest government contract claims ever filed against the U.S. Government. He also has assisted in drafting and negotiating some of the largest federal, state, and local government privatization agreements.
Michael is Managing Partner of the Washington, DC, office.
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Representative Experience
Counseling View All
- Assisting a large financial corporation in all aspects of preparing a proposal for a multi-billion dollar outsourcing contract with a large state government agency; continue to advise company on various aspects of performance
- Representing commercial software vendors in successfully negotiating licenses with various government agencies, including the General Services Administration and the Departments of Energy and Defense
- Advising a contractor that developed a software product for the U.S. government on commercializing that product, and drafting domestic and international license agreements for the commercialized product
Compliance and Fraud, Waste, and Abuse Matters View All
- Representing a contractor accused of criminal fraud and defective pricing in connection with a multi-billion dollar foreign military sale (FMS) to Saudi Arabia; after an extensive investigation; we settled the matter favorably with no criminal conviction, suspension or debarment
- Representing a contractor who allegedly had knowingly invoiced the government prior to paying its subcontractors in violation of the Federal Acquisition Regulation (FAR); after an extensive Inspector General investigation involving thousands of documents and dozens of contracts; we resolved the matter at the agency level without having the matter referred to the Justice Department
- Representing a number of corporations in a series of civil and criminal investigations and prosecutions, including Qui Tam claims, relating to work performed for the U.S. Government in the Middle East
Bid Protests, Claims, and Disputes
- Representing a client in challenging the award of a large professional services contract; we successfully proved to the GAO that the awardee failed to properly account for uncompensated overtime, thereby invalidating the agency’s “best value” source selection; the GAO ordered the agency to reevaluate the proposals and awarded attorneys’ fees to our client
- In numerous bid protest actions at both the agency and GAO, convinced the agency to take corrective action favorable to our client, thereby rendering the protest grounds moot
- Handling a large number of protests arising under state and local government procurements, as well as those involving the award of grants; each protest has presented unique issues arising from the differing protest procedures (or lack thereof) in each jurisdiction and forum
Claims
- Assisting a leading aerospace contractor in preparing one of the largest delay and disruption claims ever prosecutes against the U.S. government; the effort involved coordinating dozens of fact witnesses and reviewing millions of documents; the claim was settled with the government prior to initiating full-scale litigation
- Preparing a $250 million Request for an Equitable Adjustment (REA) involving changes, defective specifications, delay and disruption for a large contractor furnishing weather radar systems for the government at various sites throughout the U.S. and overseas; the REA was settled successfully prior to the initiation of litigation
- Preparing and successfully negotiating a $200 million claim against the Department of Defense (DOD) for changes over inspection and defective specifications under a $1 billion system integration contract for the various DOD medical facilities in the U.S. and overseas
Litigation
- Represented a large transportation company in multimillion dollar litigation against a city transit authority; after receiving favorable decisions on numerous discrete claims, the transit authority settled the litigation for almost 90% of the requested amount
- For a large aerospace company, successfully defended a default termination against its subcontractor and affirmatively recovering more than $10 million on a counterclaim for late and defective products
- Successfully defended the Maryland Department of Transportation against a series of lawsuits involving the Baltimore subway system; these cases covered a multitude of complex issues including delay and disruption, defective specifications, differing site conditions, changes, and suspensions of work
International Contracts View All
- Defended the construction manager for the Alexandria (Egypt) Sanitary District against claims brought by various contractors in connection with the construction of the Alexandria Wastewater Treatment Facility; the client was so satisfied with the result that we were awarded medals by the Egyptian government
- Defending a multinational U.S. corporation in various arbitration proceedings involving construction of a power plant in Puerto Rico
- Defending a U.S. architect-engineering firm in various arbitration involving the construction of a water and wastewater treatment facility in Egypt
Prior results do not guarantee a similar outcome.
Education and Professional Background
- Georgetown Law, J.D., 1979
- University of Pennsylvania, B.A. magna cum laude, 1976
- Admitted to practice: District of Columbia, 1979; District Court of Maryland; U.S. Court of Federal Claims; U.S. Courts of Appeal for the District of Columbia and the Federal Circuit
Professional Recognition
- Chambers USA: America's Leading Lawyers for Business in government contracts law, 2005 - 2011
- Chambers USA: America's Leading Lawyers for Business in projects and energy and natural resources law, 2003 - 2009; in projects, 2008 - 2009
Activities and Affiliations
- Member: Section of Public Contract Law, American Bar Association; National Contract Management Association
Publications and Presentations
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Full Biography
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2200 Pennsylvania Avenue NW Suite 500 West Washington, DC 20037-1701
Tel +1.202.639.6780
Fax +1.202.879.8980
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