Photo of Robert J. Symon

Bob Symon practices in the areas of construction and government contract law. Clients routinely seek out Bob’s advice to assist in such matters as protesting government procurement decisions, interpreting the Federal Acquisition Regulation (FAR), prosecuting claims under the Contract Disputes Act (CDA) or insuring compliance with ethical obligations to name just a few. Indeed, Bob has enjoyed considerable success for clients prosecuting and defending bid protests at the Government Accountability Office (GAO) and the United States Court of Federal Claims. Similarly, he has litigated contract disputes with equal success throughout the country in federal and state forums in a wide variety of complex construction claims.

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1, 2020) wage theft statute (Va. Code § 11-4.6) and applies to public construction contracts and private construction contracts that

Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the release language is too broad, however, the agreement

To Reserve or Not to Reserve? Maintaining Claims against the GovernmentContractors do not have to waive future claim rights when negotiating the direct cost of a change order (modification) with the government, despite banter by the contracting officer that reservation of claims is not permitted. More often than not, the contracting officer will inform the contractor that it is necessary to incorporate the following language