Larry Prosen is a government contracts attorney who holds a degree in architecture and has specialized in construction litigation. Larry focuses his practice on representing and advising contractors (both construction and non-construction) on a broad range of matters related to government contracts, as well as representing clients in public and private/commercial construction litigation. Broadly experienced in all aspects of government contracts, from regulatory compliance, to claims and bid protest litigation, Larry’s experience includes representing contractors and subcontractors in litigation matters and contract disputes including delay, impact, loss of productivity, and geotechnical/differing site condition claims. Larry has appeared frequently in proceedings before many U.S. District Courts as well many state and local courts and agencies. He also counsels contractors on Small Business Administration (SBA) matters ranging from 8(a) formation and status protests to the Mentor-Protégé Program and the Service-Disabled Veteran-Owned (SDVO) and HUBZone small business programs. Larry also sits as an arbitration neutral and mediator on the AAA’s Construction Industry Panel of Neutrals and is the ABA Section on Litigation’s representative to the AAA’s National Construction Dispute Resolution Counsel. He is also a founding Editor-in-Chief of the American Journal of Construction Arbitration and ADR published by Juris Publications. Larry has represented clients in many arbitrations, mediations and ADRs in both domestic and international fora.
Larry's national and international experience includes providing advice and representation in connection with construction and infrastructure projects on six continents and in nearly 20 countries for clients in the infrastructure, environmental, office, commercial, process and manufacturing, energy production/transmission, and real estate sectors. He has also represented clients across over 30 states of the United States in Federal, local and commercial construction, and government contracts matters. He represents clients before virtually all federal agencies including the Department of Defense, Department of Homeland Security, Department of State, Department of the Interior, Department of Veteran Affairs, U.S. Navy, U.S. Army Corps of Engineers, Naval Facilities Engineering Command, General Services Administration, U.S. Agency for International Development, Architect of the Capitol, and Smithsonian Institution.
Larry assists contractors, subcontractors, owners, and architects on a wide variety of commercial/private construction projects in negotiating prime and subcontracts, tenant fit-out agreements, and project workouts with financial institutions and sureties. He also represents clients in all aspects of litigation and claims resolution in connection with nonpublic contracts/projects. In addition, Larry advises clients outside the construction industry on all aspects of government contracts matters including protests, claims, disputes, contract reviews and due diligence for mergers and acquisitions, internal and federal investigations, and debarment and suspension proceedings.
In addition to construction, Larry has significant real estate experience representing developers, purchasers, and sellers on real estate transactions and development deals, providing “cradle to grave” service including the front-end transactional work as well as the construction/renovation portion of such projects and transactions. For example, Larry was involved in a transaction and multi-year litigation in the District of Columbia in which he represented the owners/sellers of a multi-family, multi-building low income housing development. Larry’s involvement began with representing the nonprofit owner of the property in negotiating and entering into a sale & purchase agreement with a developer. This included developing the corporate documents in which the seller would become a minority owner in the interest of the developer. Following entry into the purchase agreement, the tenants organized and sought to exercise their rights under the D.C. Tenant Opportunity to Purchase Act, which gives tenants a right of first refusal to purchase residential multi-family housing if a contract is offered. As a result, the tenants tried to scuttle the purchase agreement and litigation ensued over multiple years in the D.C. Superior Court. Working closely with the developer and its legal counsel, the case successfully was resolved after three-plus years of litigation, resulting in the redevelopment of the facility into a combined low income and luxury apartment building with retail, extensive amenities, and a redevelopment of the surrounding area.
Currently, Larry is representing the developer/owner of a 44-story luxury high-rise apartment with extensive amenities package. That litigation includes multiple mechanic’s lien cases, as well as breach of contract disputes relating to protracted delays in the completion of the project. Those cases, which have recently been consolidated, are pending in the Circuit Court for Baltimore City, Maryland. This complex litigation involves multiple millions of dollars in value, and has counter claims, cross claims, direct clams and other elements.
Larry has also negotiated and represented parties in new development and redevelopment projects throughout the greater Washington, D.C. area, including projects valued in the multiple hundreds of millions of dollars, and including defective construction disputes and acting as a mediator an arbitrator in various development disputes as well. Larry has acted as project counsel to owners/developers on a number of high profile projects, including a $27 million renovation and expansion of a major, platinum-level country club in suburban Maryland, the $40+ million expansion and addition of a private school consisting of a new facility containing theater, performing arts, music, and cafeteria facilities; expansion and renovation of the historic D.C. Jewish Community Center, and the renovation of The University Club’s hotel facilities.
Prior to joining the firm, Larry was a partner in the Washington, D.C. office of a national law firm where he led its Government Contracts Team and focused his practice on all aspects of construction litigation and government contracts including claims, protests, litigation, breaches of contract, Miller Act, Davis-Bacon Act, and mechanic’s lien disputes. Previously, Larry was a partner in the Washington, D.C. office of an international law firm where he focused his practice on government contracts and construction litigation.
Larry has published extensively and was a member of the 2013 Law360 Government Contracts Editorial Advisory Board. He has lectured and conducted seminars for clients and associations including the Associated General Contractors at several of its national conventions, Associated Builders and Contractors of Metro Washington, American Subcontractors Association, and D.C. Metropolitan Subcontractors Association.
While attending law school, Larry was the Lead Articles Editor of the CommLaw Conspectus Law Journal.
Larry is listed in the 2020 and the eight years immediately preceding editions of Chambers USA: America’s Leading Lawyers for Business in the area of Construction. He was recognized in The Best Lawyers in America® for Construction Law in 2019 and the five years immediately preceding and again in 2020 for Arbitration, Construction Law, and Construction Litigation. Larry was recognized in 2020 and the four years immediately preceding as a Washington D.C. “Super Lawyer” in the area of Construction Litigation by Super Lawyers magazine. He was recommended in the area of Construction Law by Legal 500 US in 2016 and the three years immediately preceding, and most recently in 2018. He was also recognized as a "Leading Lawyer" in 2018 by Legal 500 US. Larry has been recognized as a “Top Rated Lawyer” in Washington D.C. for Construction Law by Legal Leader. He is AV Preeminent® rated by Martindale-Hubbell.*
*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.
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Chapters: Can Hiding (or Refusing to Provide) the Schedule Rise to the Level of a Breach of Contract, the Failure in the Duty to Cooperate and Not to Hinder, or Even Active Interference? Some Potential Legal Theories to Consider in a Given Case. & Does the Prime Contractor Have a Duty to Share or Provide the Native CPM Contract Schedule?
Catholic University of America Columbus School of Law, J.D. (1997)
University of Maryland, B.S., Architecture (1994)
University of Maryland, B.A., History (1994)
District of Columbia (1998)
New York (2019)
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. District Court for the Southern District of Texas
U.S. District Court for the Northern District of Illinois
U.S. District Court for the District of Colorado
U.S. District Court for the Southern District of New York
District of Columbia Bar Association, Member
Maryland State Bar Association, Prior Member
American Arbitration Association, Construction Panel Neutral for both Arbitration & Mediation
American Arbitration Association, National Construction Dispute Resolution Committee, ABA Section on Litigation Representative
American Subcontractors Association, Attorney’s Council, Member
American Bar Association, Forum on Construction Industry, Member
Building for Good, Inc. (B4G), Panel Member
The Builder’s Ball, General Counsel and Member; Organizing Committee, Member
District of Columbia Department of Small and Local Business Development, Member; Construction Industry Advisory Council, Past Member
Associated Builders and Contractors of Metro Washington, District of Columbia Legislative Committee, Past Chair
Law360, Government Contracts Editorial Advisory Board, Past Member
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