Barbara G. Werther

Partner

Washington, D.C.
Business Phone: 202.274.2832
Business Fax: 202.274.2994

barbara.werther@troutman.com

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Barbara is recognized as one of the leading construction and government contracts attorneys in the United States with more than 35 years of experience in construction and government contracts law. She has been resoundingly and consistently recognized as being one of the top attorneys in construction law. She is a Fellow in the American College of Construction Lawyers, and a Fellow in the Construction Lawyers Society of America, as well as recognized by Chambers and listed in Best Lawyers in America, Construction Law (2012-2017). Barbara has lectured extensively to clients and various trade associations on a variety of construction law topics. Her expertise and experience is reflected in her comprehensive practice. She is known as an expert on contract terms and conditions for developers and owners, and focuses on contract drafting and negotiation. She also represents owners, contractors and subcontractors in litigation involving scheduling, delays, inefficiencies, changes, differing site conditions, and terminations for default.

In 2006, Barbara hosted the first Women in Construction Conference ("WIC") in Washington, D.C., by women for women in all aspects of the construction industry. Today, in its 12th year, the conference boasts 300 attendees, with an all-day event featuring five panels, a keynote speaker and a Speaker/Sponsor reception the night before the conference. WIC is a non-profit organization with a Board of Directors that has created a WIC Scholarship to the ACE Mentoring Program.

Barbara excels as a trial attorney and as a skilled arbitrator and mediator. She is included on the American Arbitration Association Roster of Arbitrators and Mediators and has completed advanced mediation training with the Center for Dispute Settlement at Judicial Arbitration and Mediation Services, Inc. ("JAMS") and employs uncompromising objectivity in resolving multi-party, complex case disputes where the parties appear to be unyielding.

Representative Experience

In the private sector, Barbara litigates claims on behalf of owners, general contractors and subcontractors in federal and state courts and before arbitral tribunals. She also drafts and negotiates construction contracts for developers and owners. In the public sector, she routinely represents sureties and government contractors in claims against the federal government. Barbara has represented contractors and sureties in performance and payment bond disputes and has represented government contractors in False Claims Act cases. She also represents government contractors in bid protests and claims at the Boards of Contract Appeals and the Court of Federal Claims.

Barbara’s trial accomplishments are substantial. Some of her successes include:

  • Winning the largest jury verdict ever in a commercial case in Jackson County, MS, for a subcontractor on a project that involved the dismantling of a fertilizer-manufacturing facility.
  • Settling a nine-figure claim for alleged defective windows where the plaintiff had already prevailed in one trial and sought to enforce that judgment in 38 other lawsuits.
  • Obtaining a rare summary judgment on the behalf of a plaintiff contractor in a default termination case against a subcontractor.
  • Securing the first and only case in which the court overturned the Navy contracting officer’s non-responsibility determination and directed an award to a contractor.

Recent Publications

  • Editor, “Federal Government Construction Contracts,” Third Edition (2017).
  • “Agencies Consider Updating Regulations Governing Human Trafficking and the Audit Process,” Construction Executive (June 21, 2016).
  • Co-author, “Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims,” The Construction Lawyer (Winter 2015).
  • Co-author, “Navigating the Buy America Act in Federal Transit Authority Funded Contracts,” Under Construction, American Bar Association (March 2014).
  • “How Non-U.S.-Owned Companies Can Compete for Federal Government Contracts,” ConstructionWebLinks.com (March 24, 2010).
  • “$130 Billion for Construction in the Economic Stimulus Bill: Where It Will Be Spent,” ConstructionWebLinks.com (February 23, 2009).

Presentations and Speaking Engagements

  • Presenter, "Case Study: VW international, Inc. ASBCA No. 60596," CLSA North American Construction Law Symposium II (2018).
  • Presenter, "The World's Worst Contract Clauses," North American Construction Lawyers Symposium (2017).
  • Presenter, “Tips for Playing ‘The Price is Right’ on Your Government Contract Claim,” World Congress, National Contract Management Association (2014).
  • Presenter, “Is That Really Proof of Delay? Critical Path Method Analyses versus the Insurgents,” Construction Super Conference (2014).

Professional and Community Involvement

  • American Bar Association
  • American Bar Association, Forum on the Construction Industry, Division 13 — Government Construction Contracting, chair
  • American College of Construction Lawyers fellow
  • ABA Construction Forum — co-chair, ABA Construction Forum meeting (October 2016)
  • Construction Law Panel of the American Arbitration Association — arbitrator and mediator
  • Construction Lawyers Society of America
  • National Institute of Trial Advocacy — trainer
  • ABA Construction Forum’s trial advocacy program — trainer
  • Trustees’ Council of Penn Women since 1984
  • University of Pennsylvania Lacrosse Board since 2004
  • Executive Board of the Leukemia and Lymphoma Society, National Capital Region, since 2005
  • Steering committee for the American Heart Association’s 32nd Annual Greater Washington Region (GWR) Golf Tournament 2016 to present
  • Boys’ lacrosse coach U13 level — 2012 and 2013
  • American Eventing Championships — Barbara and her horse, Stafford Place (aka Stanley) won at the Training Level (2012)
  • Leukemia Society — triathlete and finisher of the Seagull Century hundred-mile bike ride for the Leukemia Society (2010, 2011, 2012 and 2015)
  • Women in Construction — chair

Rankings and Recognition

  • President, Construction Lawyers Society of America (2018)
  • 2008 and 2010 Chambers USA Award for Excellence in Construction
  • International Who’s Who of Construction Lawyers — (2011-2013, 2015-2016)
  • Best Lawyers , Construction Law, (2012-2019)
  • Washington, D.C. Super Lawyers, (2012-2017)
  • District of Columbia, Construction, Chambers USA (2017-2018)

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Education

  • George Washington University, J.D., 1978
  • University of Pennsylvania, B.A., magna cum laude, 1975

Bar Admissions

  • District of Columbia
  • Virginia

Court Admissions

  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of Columbia
  • U.S. Court of Federal Claims
  • Supreme Court of Virginia
  • Armed Services Board of Contract Appeals
  • Civilian Board of Contract Appeals