Daniel K. Felsen

Overview

Daniel Felsen focuses his practice on construction litigation and government contracts. His experience spans a wide variety of public and private projects, including commercial, federal, airports, residential, roads, hotels and resorts, hospitals and research facilities, and power and utility projects. Daniel has litigated before state and federal courts and national and international arbitration panels. His clients include owners, contractors, subcontractors, suppliers, architects, and sureties.

He is a frequent author and speaker on issues relevant to the construction industry.

Experience

• Defended a design-builder in arbitration from more than $50 million in claims by a subcontractor arising out of the construction of a 101-kilometer road in Afghanistan. During litigation, Daniel drafted pleadings and motions, deposed witnesses, prepared fact and expert witness for trial, examined and cross-examined witnesses, and wrote post-hearing briefs.
• Managed claims for a national contractor on a $350 million federal project, which involved cases in the U.S. District Court for the Western District of Pennsylvania and the District of Columbia, and separate arbitrations regarding the project.
• Represented a general contractor in an arbitration with a subcontractor in which the client asserted claims of more than $3 million, and the subcontractor asserted claims of more than $7 million. Daniel was involved in every aspect of the arbitration (before a three-member panel). In addition to the arbitration, the dispute involved two federal cases, one in which the subcontractor pursued the client’s surety and another in which the subcontractor sought to stop or stay the arbitration.
• Defended a general contractor against more than $11 million in subcontractor claims arising out of the construction of a $500 million state-of-the art biocontainment laboratory and research facility.
• Represented a general contractor advancing more than $10 million in claims, including delay and cumulative-impact claims, against the U.S. government, arising out of the construction of a U.S. Embassy.
• Daniel also has experience in bankruptcy matters. When a prominent subcontractor went into bankruptcy, the bankruptcy trustee retained him as special counsel to advise on suretyship and construction-related issues. This bankruptcy was one of the largest in the U.S. Bankruptcy Court for the Eastern District of Virginia in recent years.

Speaking Engagements

• "Construction Claims & Change Order Management Session 2: Claim Preservation, Documentation, and Contract Interpretation," WPL Publishing Co. Four-Part Training Program on Construction Claims (2020)

Credentials

Background

• Partner, McManus & Felsen LLP, Washington, D.C. (1998–2019)
• Associate, Katz & Stone LLP, Vienna, VA (1991–1998)

Areas of Focus