Michael Sterling Lawyer: Your Expert in Construction Law and Dispute Resolution

Michael Sterling is a highly accomplished attorney specializing in construction law, dispute resolution, and government contracts. With extensive experience across diverse project delivery methods, including design-build and public-private partnerships, Michael has represented a broad spectrum of clients from general contractors and subcontractors to owners and design professionals. His deep understanding of the Federal Acquisition Regulations (FAR) and his appearances before federal and state courts, boards of contract appeals, and arbitration panels, including a victory at the United States Supreme Court, solidify his reputation as a leading legal mind in his field.

Beyond his litigation prowess, Michael is also a skilled neutral. He manages his law firm’s Dispute Resolution Services and is a sought-after arbitrator and mediator for the American Arbitration Association (AAA) and various courts. His expertise spans construction disputes, commercial matters, and even attorney-client fee disputes, demonstrating his versatility and commitment to fair resolution. Michael’s background working in various industries while pursuing his education instilled in him a strong work ethic and a practical understanding of diverse sectors, qualities that greatly benefit his clients today.

Experience in Construction Law and Dispute Resolution

Michael Sterling’s extensive experience encompasses a wide array of complex legal challenges within the construction industry. His expertise is clearly demonstrated through his successful handling of numerous claims and disputes, representing clients in negotiations, mediations, arbitrations, and litigations.

Claims and Disputes Resolved by Michael Sterling

Naval Base Steam Distribution System: Michael successfully represented a general contractor in a Request for Equitable Adjustment and Claim concerning a naval base steam distribution system project. The claim, based on defective specifications, differing site conditions, and extended performance, was favorably resolved through skillful negotiation in 2024.
Bolted Steel Storage Tanks: In 2023, Michael acted as counsel for the manufacturer and installer of bolted steel storage tanks in a dispute concerning installation and performance issues, achieving resolution through arbitration.
College Research Facility Fire: Michael effectively represented a general contractor in a complex multi-party dispute arising from a fire at a college research facility in 2021. His strategic approach led to a successful resolution through mediation.
Multi-use Trail Project: Representing a town in the case Kevcor v. Town of Cape Charles, Michael resolved a delay dispute on a multi-use trail construction project through mediation in 2021, demonstrating his ability to navigate public sector construction challenges.
College Dorm Flood: In 2021, Michael provided counsel to a subcontractor in a multi-party dispute stemming from a flood in a college dorm, allegedly caused by mechanical failure. He skillfully negotiated a resolution, avoiding protracted litigation.
Historic Church Fire Insurance Coverage: Michael adeptly negotiated insurance coverage for a historic church damaged by fire during renovations in 2020. His efforts resulted in a negotiated settlement between responsible parties and insurers.
Improper Default Termination Case: Michael represented a subcontractor in McClain & Co., Inc. v. The Truesdell Corporation in 2019, addressing a dispute over a default termination of a subcontract for a Virginia Department of Transportation project. The matter was settled during the discovery phase, highlighting his proactive approach to dispute resolution.
Multi-Family Plumbing Dispute: As co-counsel, Michael represented a general contractor in Curtis Key Plumbing, Inc. v. Hoy Construction, Inc. in 2019, concerning payment and performance issues on a Norfolk Redevelopment Authority project. This case was also successfully settled during discovery.
Mechanical System Sprinkler Incident: Michael served as co-counsel for a subcontractor in Southeastern Mechanical, Inc. v. The Salvation Army in 2018. This dispute involved water damage from a sprinkler set-off related to boiler operation and insurance coverage for alleged defective work. Settlement was reached after discovery and mediation.
Construction Contract Forum Selection Clause: Michael was co-counsel in the landmark Supreme Court case Atlantic Marine Construction Company, Inc. v. J-Crew Management, Inc. (2013). The Supreme Court unanimously ruled in favor of his client, the general contractor, setting a significant precedent on forum selection clauses in construction contracts.
Bridge Construction Disputes: Michael has served as co-counsel in disputes related to bridge construction, including claims for delays and changes on a major bridge project connecting Chincoteague, Virginia, to the mainland.
Hospital Construction and Renovation: Michael has provided co-counsel in design disputes arising from the construction and renovation of a historic hospital, showcasing his experience in complex healthcare construction projects.
Dam Construction Litigation: Michael represented an excavation subcontractor in a dispute with a general contractor and public owner in Virginia over differing site conditions in a dam construction project, demonstrating his expertise in infrastructure disputes.
Multi-story Retirement Complex Disputes: Michael acted as counsel for a general contractor in disputes involving an owner and architect concerning design defects in a multi-story retirement complex, as well as disputes with various subcontractors.
State Courthouse Representation: Michael provided counsel to a steel fabricator in defense of claims from an erector for delay, disruption, and changed work on a state courthouse project.
Hotel Design Error Claim: Michael represented an architect in defense of a claim alleging design error in a hotel project, which purportedly led to a building collapse during construction. He also pursued a third-party claim against a structural engineer.
International Airport Representation: Michael defended a steel fabricator against claims from an erector for delay, disruption, and changed work on an international airport project.
Oceanfront Condominium Defect Cases: Michael has served as co-counsel for various condominium associations in disputes with developers and builders related to building envelope defects in oceanfront properties.
Communications Facility Dispute: Michael represented a general contractor in a dispute with the Department of Defense regarding design defects in a communications facility intended for top-secret equipment, also handling claims against a surety arising from a subcontractor default.
Hospital Building Envelope Failure: Michael provided counsel for a masonry subcontractor in connection with a claim for design defects and insurance coverage related to a hospital building envelope failure.
Paper Plant Turbine Dispute: Michael represented an international steam turbine manufacturer in a dispute related to the design and performance of a turbine-generator set at a paper plant.
Football Stadium Construction Litigation: Michael provided counsel for a steel fabricator in a dispute involving alleged defective design and construction delays during the construction and renovation of a college football stadium.

Protests, Injunctions, and Declaratory Relief Expertise

Michael Sterling’s proficiency extends to handling bid protests, injunctions, and declaratory relief actions, showcasing his comprehensive understanding of public contract law and government procurement processes.

Successful GAO Protest – Matter of The Bionetics Corporation: Michael successfully protested the improper evaluation of an awardee’s proposed compensation plans, as dictated by Federal Acquisition Regulation (FAR) provision 52.222-46. The Government Accountability Office (GAO) sustained the protest in Matter of The Bionetics Corporation (2021).
Successful Defense of GAO Protest – Matter of Zolon Tech, Inc.: Michael successfully defended a protest at the GAO in Matter of Zolon Tech, Inc. (2021). The GAO affirmed the agency’s evaluation as reasonable and consistent with solicitation terms, and also agreed that the agency adequately investigated potential Organizational Conflicts of Interest (OCI).
Successful Defense of GAO Protest – Matter of Priority One Services, Inc.: In 2018, Michael effectively defended a protest at the GAO in Matter of Priority One Services, Inc., concerning the proper elimination of a protestor from a competitive range, equal discussions, and evaluations.
Corrective Action via GAO Protest – Matter of MTS Technologies: In Matter of MTS Technologies (2016), Michael filed a protest of an improper best value determination at GAO, leading the agency to agree to take corrective action.
Insurance Coverage Declaratory Action Defense – Certain Underwriters at Lloyds, London v. Middleton et al.: Michael successfully defended an insurer against a declaratory action for coverage under a Commercial General Liability (CGL) policy in Certain Underwriters at Lloyds, London v. Middleton et al. (2015), with claims dismissed on his motion.
Sale of Public Building and Rezoning Case – Old School Cape Charles, LLC, et al., v. Cape Charles Town Council, et al.: Michael represented the Town of Cape Charles in Old School Cape Charles, LLC, et al., v. Cape Charles Town Council, et al. (2013) before the Virginia Supreme Court. The Court upheld the trial court’s denial of declaratory and injunctive relief, affirming the Town’s proper sale of a school building, zoning ordinance amendments, and conditional use permit grant.
Successful Protest of Non-Responsibility Determination: Michael successfully protested the exclusion of a steel fabricator from a Navy drydock project due to an incorrect decision on lack of responsibility.
Successful Protest of Bid Rejection – Nonresponsive Bid: Michael successfully protested the rejection of a bid by a school board based on an alleged failure to include a proposed contract completion date, demonstrating his attention to detail and understanding of procurement regulations.

Specialized Public Contract and Government Matters

Michael Sterling’s expertise extends to specialized public contract matters, demonstrating a deep understanding of the unique challenges and regulations governing government projects.

Government Marine Construction Contract Delay Claim – Appeal of McLean Contracting Company: Michael resolved a claim for compensation due to delay and disruption on a government marine construction contract through negotiation in Appeal of McLean Contracting Company (2021) before the Armed Services Board of Contract Appeals (ASBCA).
Virginia Freedom of Information Act Defense – David W. Fauber v. Town of Cape Charles, et al.: Michael defended the Town of Cape Charles in an action alleging violations of public meeting requirements under the Virginia Freedom of Information Act in David W. Fauber v. Town of Cape Charles, et al. (2021). The case was resolved by consent order.
Alaska Native Corporation (ANC) REA: Michael successfully pursued a Request for Equitable Adjustment (REA) in 2020 for an Alaska Native Corporation (ANC) client, rectifying an improper failure by a government agency to pay for services, resulting in full payment.
Virginia Fraud Against Taxpayers Act Defense – Commonwealth of Virginia, etc. v. Chemtrade, et al.: Michael defended clients in a qui tam suit under the Virginia Fraud Against Taxpayers Act alleging price-fixing, Commonwealth of Virginia, etc. v. Chemtrade, et al. (2018). He successfully moved to dismiss clients from the suit for lack of personal jurisdiction.
Alaska Native Corporation (ANC) SBA Compliance and Derivative Action – Smith and Sebastian v. Goldbelt, Inc. and Goldbelt Hawk, LLC: Michael resolved a dispute involving Small Business Administration (SBA) compliance issues and a subsidiary member derivative action for an ANC client in Smith and Sebastian v. Goldbelt, Inc. and Goldbelt Hawk, LLC (2017) through mediation.
Ethics and OCI Compliance Programs: Michael assists clients in preparing and implementing ethics and organizational conflict of interest (OCI) compliance programs, and conducts related investigations.
Contract and Purchase Order Documentation: Michael provides advice and prepares and implements contract and purchase order documentation for various clients, ensuring compliance and best practices.
Environmental Claims Defense: Michael has represented numerous clients in defending against environmental claims related to the handling, transportation, and disposal of hazardous waste.
Wastewater and Water Treatment Plant Construction: Michael has served as counsel to localities in the financing, planning, and construction of new wastewater and water treatment plants, demonstrating his involvement in essential infrastructure projects.
Local Government Counsel: Michael provides counsel to various localities and public authorities on public-private partnerships, contracts, protests, building codes, land use, and administrative law issues, showcasing his broad expertise in local government law.

Design-Build Project Experience

Michael Sterling possesses significant experience in design-build project matters, representing clients in this increasingly popular project delivery method.

Child Development Centers – Modular Construction: Michael has counseled a general contractor in connection with the design, supply, and installation of modular child development centers across the United States, handling related litigation with team members and subcontractors.
DoD Design-Build Projects: Michael has represented numerous prime contractors and subcontractors on a variety of design-build projects for the Department of Defense (DoD), including pier, museum, housing, and other facilities projects.
Cable Stay Bridge Design-Build: Michael served as co-counsel for an international construction company in a dispute concerning the design of a cable-stayed bridge and its approaches, highlighting his experience in large-scale infrastructure design-build projects.

Arbitrator and Mediator Services

Michael Sterling is a highly respected arbitrator and mediator, offering neutral dispute resolution services across a wide spectrum of industries and dispute types. His extensive experience in both construction and commercial law makes him an ideal choice for parties seeking efficient and fair resolution of conflicts.

Construction Disputes: Michael is frequently appointed as an arbitrator or mediator in construction disputes by the American Arbitration Association, Better Business Bureau, Community Mediation Center, courts, and private parties. His construction dispute resolution experience ranges from defective workmanship claims to payment and performance issues in both commercial and residential projects.
Government Contract Disputes – United States of America, ex rel Donald Hicks v. Chrysler Corp., et al. and United States of America ex rel. Jack Simon v. Diamler – Chrysler., et al.: Appointed by the United States District Court of the Northern District of Alabama, Michael successfully mediated settlements in two substantial qui tam actions involving alleged False Claims Act violations during government military contract performance.
Business Disputes: Michael has been appointed as arbitrator in various business disputes, including law firm partnership disagreements, estate disputes, and business ownership conflicts.
Insurance Disputes: Michael has served as an arbitrator in insurance disputes, including crop insurance matters.
Creditor Disputes: Michael has been appointed as an arbitrator in numerous creditor disputes through the National Arbitration Forum.
Consumer Disputes: Michael acts as an arbitrator or mediator in consumer disputes for the Better Business Bureau and the Community Mediation Center.
Securities Matters: Michael is appointed as an arbitrator or mediator in securities trading and related disputes by the Financial Industry Regulatory Authority (FINRA).
Employment Issues: Michael serves as a Hearing Officer appointed by the Virginia Supreme Court to preside over state and local employee grievances and professional licensing disputes. He is also an Alternate Panel Arbitrator for the Travel Agent Arbiter Program.
Maritime Matters: Michael has been appointed as an arbitrator in maritime disputes, including vessel construction and pier crane design disputes, and as a mediator in disputes between vessel owners and operators.
Attorney Fee Disputes: Appointed by the Virginia State Bar, Michael mediates attorney-client fee disputes and is retained as an expert on attorney fee claim amounts.

Credentials and Recognition

Michael Sterling’s credentials and recognition underscore his standing as a leading attorney in his field.

Recognition

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Education

William & Mary Law School, J.D.
- Order of the Coif
- Order of the Barrister
Lawrence University, B.A., cum laude

Admissions

Virginia
Federal Aviation Administration
U.S. Bankruptcy Court, Eastern District of Virginia
U.S. Board of Contract Appeals, Fourth Circuit
U.S. Board of Contract Appeals, Fifth Circuit
U.S. Board of Contract Appeals, Federal Courts
United States Court of Federal Claims
United States District Court, Eastern District of Virginia
United States Government Accountability Office
United States Supreme Court
Virginia State Courts

Affiliations

American Arbitration Association, Mediator and Arbitrator
American Bar Association, Construction Law, Public Contract Law, Dispute Resolution, State and Local Government Law and International Law Sections, Construction Industry Forum
Associated General Contractors of Virginia
Builders & Contractors Exchange, Board of Directors
Barrier Islands Center, Board of Directors
Board of Contract Appeals Bar Association
Construction Lawyers Society of America, Fellow
Eggleston Services, Board of Directors
Federal Bar Association, Sections on Public Contract Law and Litigation
Local Government Attorneys of Virginia
National Contract Management Association, Fellow and Past President Norfolk Area Chapter
Norfolk Portsmouth Bar Association, Former Executive Committee Member and Founding Member, Former Chairman of Committee on Alternative Dispute Resolution
Tidewater Association of Service Contractors
Virginia Bar Association, Joint Committee on ADR, Local Government Law Section, Construction & Public Contracts Law Section, Past Chairman
Virginia State Bar, Sections on Construction Law & Public Contracts, and Local Government Law
Virginia Transportation & Construction Alliance
WHRO, Board Member, Former to Adjunct Professor of Mediation
William & Mary Law School, Adjunct Professor of Mediation

News & Insights

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