Daniel E. Toomey is a trial lawyer with a particular focus on construction and government contract litigation. Mr. Toomey has been representing owners, general contractors, subcontractors, suppliers, design professionals and sureties for more than 25 years in state and federal courts in at least twenty three states, from coast to coast and in Alaska and Florida, before arbitration panels nationwide. Mr. Toomey has acted as an arbitrator and is a trained mediator with more than 19 years' experience in alternative dispute resolution, both as a mediator and as counsel. He is regularly appointed by the U.S. District Court for the District of Columbia to mediate construction disputes.

A former Assistant U.S. the District of Columbia, he has handled and tried numerous white-collar criminal matters. For thirty years, he has been involved in the teaching trial of advocacy, both as the founder and team leader of the Georgetown/NITA Trial Advocacy Program and currently as the program director of the NITA Advanced Trial Advocacy Program at Georgetown.

A Fellow of the American College of Trial Lawyers, Mr. Toomey is admitted to practice in the District of Columbia, Virginia and Maryland. He is a graduate of Georgetown University Law Center, where he was an adjunct professor, teaching Construction Law and Criminal Trial Practice for almost 20 years. In 2007, he was honored by the Law Center with the Dean Paul R. Dean award for his numerous contributions to his alma mater.

Areas Of Practice

Construction and Surety Law
Commercial Litigation
Alternative Dispute Resolution/Mediation
White-Collar Criminal Law
Construction and Surety Law
Alternative Dispute Resolution/Mediation
White-Collar Criminal Law

Representative Matters

Construction/Surety

Assist trial counsel from another firm in effort to obtain a new trial and/or a judgment notwithstanding the verdict in a recent California multimillion jury verdict against a national construction contractor by a defaulted subcontractor and its surety.
Co-lead counsel before the Government Accountability Office ("GAO") in upholding the award of a "best value" procurement of a multimillion dollar landscaping contract on a major Federal national cemetery.
Participate in a GAO proceeding opposing an "earmarked" sole-source procurement by the Army resulting in the Army's voluntary withdrawal of the award.
Lead counsel for national religious non-profit in drafting and negotiations of design services, construction manager at risk and general conditions contracts with major national design firm and construction manager related to construction of largest Maryland state-guaranteed bond financed construction project-a retirement/assisted living facility in Montgomery County, Maryland.
Lead counsel for an international building systems manufacturer and contractor in successful defense against bid protest of award of multimillion-dollar energy savings performance contract in Massachusetts.
Lead counsel for major surety company defending against claims of $1.7 million in completion costs by Fortune 500 energy savings performance prime contractor on federal project that defaulted its mechanical subcontractor, resulting in an arbitrator's determination that default was wrongful and that prime contractor had violated covenant of good faith and fair dealing against both subcontractor and surety. The arbitrator awarded 93% of the requested costs and attorney fees to surety and subcontractor, in excess of $1.2 million.
Lead counsel for a prime contractor on the Kennedy Center site improvement project and assist in the preparation of a multimillion dollar request for equitable adjustment, negotiating standstill agreements with major subs, resulting in favorable settlement of REA in excess of $7 Million and avoidance of litigation with subs.
Lead counsel for a first-tier subcontractor on the Kennedy Center Opera House renovation, resulting in successful settlement of claim after mediation.
Lead counsel for a major Canadian surety sued by an owner claiming under its bankrupt major prime contractor's performance bond for in excess of $1 million related to a defaulted curtain wall subcontractor, resulting in a dismissal and summary judgment of all claims against the surety in the District of Columbia. Representation of this surety in ancillary proceeding brought by Trustee of bankrupt prime contractor in Federal Bankruptcy court in North Carolina seeking to enforce performance bond resulting in nuisance settlement of claim with prejudice.
Party appointed arbitrator, by major international engineering and construction firm, in 53-day arbitration involving construction of diesel-powered power plant in El Salvador, resulting in multimillion dollar arbitration award for engineering/construction firm against Finnish diesel manufacturer after its consultant/project manager was determined to have false credentials, leading to his conviction for perjury.
Lead counsel for defaulted principal and its surety in the resolution of numerous payment and performance disputes both public and private, in Maryland and the District of Columbia, including two separate arbitrations and a federal court trial, resolving over twenty separate matters, resulting in a net savings to both parties of millions of dollars.
Lead counsel in construction dispute involving construction of Texas VA hospital before U.S. Court of Federal Claims, resulting in first mediated settlement for over three million dollars using the Court's voluntary mediator panel.
Lead counsel in jury trial in Maryland against national developer charged with racial discrimination, resulting in jury verdict for developer in less than half an hour, summary affirmance on appeal and denial of writ of certiorari before state supreme court.
Lead counsel for French company in bid protest of Naval "best value" procurement of state-of-the-art centrifuge , resulting in federal appeals court reversal of two GAO decisions and Florida U.S. District Court dismissal of action and later payment by Navy of bid and proposal costs as well as attorneys fees.
Lead counsel for Fortune 500 company's joint venture with Malaysian Company in Kansas City, Mo. Federal suit against national design construction firm relating to design and construction of Malaysian process plant, resulting in multimillion-dollar recovery in mediation.
Lead counsel in over $30 million suit by prime contractor on Wisconsin public works claim against national design firm, resulting in mediated settlement of case for less than ten percent of claim.
Lead counsel for Wisconsin county in state court litigation against design firm for indemnification against damages relating to abandoned dam renovation project resulting in substantial settlement by design firm and E&O insurance carrier.
Lead counsel for Alaskan municipality in Federal Court litigation against design firms and prime contractor connection with failed waste water treatment project resulting in ultimate multimillion dollar settlement and reimbursement by EPA of client's attorneys' fees and costs.
Lead counsel for Florida public water and sewer authority in Miami Federal District Court in suit by prime contractor for damages resulting from alleged differing site conditions, resulting in jury verdict against client but later Court award for complete indemnification from client's designers.
Lead counsel for major electrical specialty contractor in two related matters in Louisiana Federal District Courts, initially for multimillion dollar delay and associated damages claims against owner of public utility in which jury found for public utility and in contemporaneous legal malpractice action against law firm advising contractor, resulting is settlement with law firm and E&O insurance carrier.
Lead counsel for surety in joint suit with defaulted principal on Colorado water distribution project, against Bureau of Reclamation in U.S. Court of Federal Claims for wrongful termination and recovery of reprocurement costs, resulting in favorable entitlement decision finding that Bureau had not "dealt fairly" with contractor, conversion of default termination into termination for convenience and recovery of multimillion-dollar settlement from Government.

White-Collar Criminal

Lead counsel for president of government contractor indicted in Virginia Federal District Court in alleged kickback scheme, resulting in jury verdict of acquittal in less than two hours.
Lead counsel for principals of general contractor in bank fraud investigation resulting in indictment and conviction of borrower and bank board member with no charges brought against clients.
Representation of Texas attorney in connection with investigation of kickback scandal involving U.S. Congressman's administrative assistant who was indicted and convicted and who accused client of participation in cover-up and suborning of perjury, ultimately resulting ultimately in U.S. Attorney's Office Criminal Fraud Section declining prosecution. Of client.
Representation of defendant and former CIA official in investigation of major illegal arms trafficking investigation, resulting in client receiving probation on one-count felony information.
Representation of Marine Corps assistant to former Assistant Secretary of Defense in "Operation Ill Wind" procurement scandal in which Assistant Secretary pleaded guilty, with no charges preferred against client.
Representation of fired administrative scientist from Federal Drug Administration before House Government Operations Committee and during criminal investigation involving alleged irregularities in FDA approval of contact lens solution, resulting in no criminal charges brought against client.

Professional Activities

American Bar Association
- Forum on Construction, Division 7, Past Chair
- Public Contract Law Section, Architects and Engineers Liability, Vice Chair, 1988-1992
- Litigation, Construction Law
U.S. Court of Federal Claims
- Advisory Committee, Former Member
Washington Building Congress

Admissions

Maryland
District of Columbia
Virginia
U.S. Supreme Court
Numerous Federal Circuit Courts of Appeal and U.S. District Courts
Cross Keys Honor Society - St. Peter's College for academics, extra-curricular and captain of cross-county and track teams (1964)

Education

Georgetown University Law Center, J.D., 1967
St. Peter's College, B.A., 1964

Experience

Duane Morris LLP
- Partner, 2007-current
Venable LLP
- Partner, 2002-2007
Thompson Hine
- Partner, 1996-2002
Wickwire Gavin (now Akerman Senterfitt Wickwire Gavin)
- Shareholder, 1984-1996
Grove Engelberg and Gross
- Partner, 1980-1984
Levin & Toomey
- Partner, 1978-1980
Sachs Greenebaum & Tayler
- Partner, 1972-1978
U.S. Attorney's Office for the District of Columbia
- Assistant U.S. Attorney, 1968-1972
D.C. Court of Appeals, Office of Chief Judge Andrew M. Hood
- Law Clerk, 1967-1968

Board Memberships

United States Attorneys Association for District of Columbia
- President, 1977-1978
Institute of Pastoral Renewal, 1995-2005

Civic and Charitable Activities

Former Adjunct Profession of Law, Georgetown University Law Center
- Contract Construction (1985-2000)
- Criminal Trial Practice (1980-1985)
Founder and Team Leader, Georgetown/NITA Basic Trial Advocacy Skills Program (1978-2003)
Program Director, NITA/D.C. Advanced Trial Advocacy Program, Georgetown University Law Center (2005-present)
Faculty Member- NITA Teacher Training Program at Harvard Law School and the University of San Francisco Law School
Faculty Member NITA Deposition Program, Georgetown Law Center
Chairman, 25th and 40th Class Reunion Committee, Georgetown University Law Center
Participant, "We Are Family" organization involved in semi-monthly distribution of food to elderly poor in D.C.
The Barristers and the Counsellors - Legal fraternal organizations
Mediation Panelist, U.S. District Court for the District of Columbia

Honors and Awards

Fellow, American College of Trial Lawyers (2000)
Recipient, Paul R. Dean Award, presented by Georgetown Law Center Alumni Association for Distinguished Service to the Law Center (2007)
Honored at dinner held in Great Hall of U.S. Supreme Court for twenty-five years of service as Co-founder and Team Leader of Georgetown/NITA Trial Advocacy Program (2003)
Recognition by ABA Forum on Construction for Distinguished Service at Chair of Division 7 (1995-97)
Member of Judicial Conference of the U.S. Court of Appeals for the District of Columbia Circuit
Named a Super Lawyer in Construction Litigation, by District of Columbia and Virginia editions of Super Lawyer (2006-2008)

Selected Publications

"The Incredible Shrinking 'American Rule': Navigating the Changing Rules Governing Attorneys' Fee Awards in Today's Construction Litigation," The Construction Lawyer (Spring 2007)
State-by-State Guide to Construction Contracts and Claims, "Virginia," Chapter 49 (Aspen, 2006)
"Whither Eichley? What's Left after the Federal Circuit 'Clarifies' the Standby Requirement in Dick v. U.S.," Construct! (Summer 2003)
"Surety Bonds," Federal Government Construction Contracts, Chapter 23, ABA Forum on Construction (May 2003)
"Sarbanes-Oxley, Move Over Wall Street, It Affects Sureties Too," National Bond Claims Association Meeting (October 2003)
"Sarbanes-Oxley: How It Will Affect Contractors and Sureties," The Construction Lawyer (January 2003)
"Contractors and Sureties Beware! Sarbanes-Oxley Will Affect You, Too," Virginia Lawyer (February 2003)
"Surety Bonds - A Basic User's Guide for Obligees and Payment Bond Claimants," The Construction Lawyer (January 2002)
"General Liability Coverage in the Building Construction Context: An Overview," Insurance Coverage for Defective Construction, Chapter 8, American Bar Association TIPS (1997)
"Disruption Claims," Proving and Pricing Construction Claims, Chapter 5, Wiley, 2d ed (1996)
"Who Do You Trust: What Fiduciary Responsibility Does the Surety Have to Its Principal," National Bond Claims Association Seminar (October 1998)
"The Scheduling Expert: A Primer on Preparing Direct and Cross," The Construction Lawyer (April 1995)
"Too Many Hats? Representing Principals, Sureties and Indemnities in Litigation," American Bar Association Forum on Construction Meeting (May 1996)
"Understanding the Interplay Between Indemnity and the Additional Insured," American Bar Association Forum on Construction Meeting (April 1994)
"Surety, Insurance, Construction and Hazardous Waste: A Toxic Mix?" The Construction Lawyer (January 1994)
" 'Hail, Hail! The Gang's All Here!' Suggested Changes to the General Agreement of Indemnity," National Bond Claims Association Seminar (October 1995)
"Is a Surety Obligated to Investigate Financing a Contractor Who Requests Financial Assistance?" The Construction Lawyer ( November 1992)
"A Surety's Obligations When Its Principal Is Default Terminated," American Bar Association Public Contract Law and TIPS Committee on Fidelity and Surety Law Meeting (October 1992)
"Good Faith and Fair Dealing: The Well-Nigh Irrefragable Need for a New Standard in Public Contract Law," Public Contract Law Journal (Fall 1990)
"Design Professional's Liability to Third-Parties for Negligence," American Bar Association Forum on Construction Meeting (January 1992)
"The Project That Doesn't Work: The Functional Failure and Who Is Responsible," Construction Failures, Chapter 11 (Wiley, 1989)
"Debarment & Suspension/Edition III," Briefing Papers, Fed. Pubs. (March 1989)
"Design Professional's Liability During Construction," Construction Briefings, Fed. Pubs. (March 1987)

Selected Speaking Engagements

Judicial Conference for the U.S. Court of Appeals for the District of Columbia Circuit, June 3, 2008
"Representing the Owner in the Construction Contracting Process," Construction Section, Montana State Bar Association (October 2007)
"Pass Through Claims and Liquidating Agreements in Virginia Construction Practice," Virginia Construction and Public Contracts Law Seminar (November 2005)
"Construction Management/Design Build in Virginia," Lorman Education Services (December 2002)
"Express Warranties and Sick Building Syndrome," Mealey's Sick Building Litigation Conference (November 1999)
"Ethics in Government Contracting," Judicial Conference of the U.S. Court of Federal Claims (1999)
"Ohio Construction Law: Can This Job Be Saved? Creative Strategies for Project Completion & Litigation Avoidance," Lorman Educational Services (October 1998)