Tamara McNulty is a partner with the Firm. Before joining the Firm, Tamara was the Division Senior Counsel for Black & Veatch Special Projects Corp. (the Federal Corporation of Black & Veatch) reporting directly to the President of BVSPC. She served on the BVSPC Executive Leadership team and the BVSPC Board of Directors. In her role as the head attorney to BVSPC, she demonstrated the ability to work on multiple projects simultaneously to meet established deadlines, to be creative and solutions-focused, to work with various teams in the organization, and to take a strategic view.
As the lead division counsel for BVSPC, she was involved in all aspects of BVSPC’s legal matters, including ethics and compliance, human resources and business transactions. As in-house counsel, she has managed multimillion dollar litigation, supervising outside counsel, litigation budgets, litigation plans and discovery. Tamara has investigated and provided legal analysis and advised on ethics and compliance investigations, CDA claims, bid protests, requests for equitable adjustments and design errors and omissions claims and recommend resolution strategies for these matters. She has also trained business unit operating staff on contract interpretation, government contract law issues, contract management processes and ethics and compliance matters in both the classroom setting, in one-on-one mentoring and during working sessions.
As a former partner at Am Law 100 law firms, Tamara is an experienced trial attorney and has tried numerous cases in both state and federal courts. She teaches advanced trial skills each year for the National Institute of Trial Advocacy. Tamara has advised clients on construction claims for contract extras, delay damages, impact damages, assessment of liquidated damages and substantive law surrounding these issues and has tried cases on all of these issues. She has asserted numerous claims to various boards of contract appeals as well as the Court of Federal Claims, and she has defended bid protests at both the state and federal levels. She has also written two books on construction law, as well as numerous articles and book chapters on topics of construction law, government contracts law and surety law.
Tamara is accustomed to working with her clients from the onset of projects in order to avoid potential claims and disputes down the line. She also has regularly assisted clients in drafting and negotiating complex contracts for major infrastructure, energy, water, environmental and threat reduction projects around the world. Additionally, Tamara is experienced in mediations, arbitrations and other forms of alternative dispute resolution and was formerly an arbitrator for the American Arbitration Association’s Construction Law panel.
Through her work as both a private firm lawyer and senior in-house counsel of a multi-billion dollar architecture, engineering and construction company, she has extensive knowledge of and experience with mechanic’s lien law, stop notices, payment and performance bonds, as well as the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), the Code of Federal Regulations (CFR), the False Claims Act (FCA), the Freedom of Information Act (FOIA), the Anti-Kickback Act, the Buy American Act, the Miller Act, the Prompt Payment Act, OSHA, and the Truth In Negotiations Act (TINA).
She has also regularly counseled federal contractors on Federal Acquisition Regulation business ethics, conduct codes and compliance, OFAC compliance issues, DCAA/DCMA audits and investigations, cost allowability and the Cost Accounting Standards, labor and employment issues such as the Davis-Bacon Act and the Service Contract Act (SCA). She is also experienced in subcontracting plans; best value procurement strategy; and debriefings. She has extensive experience managing and assisting in the administration of a variety of contracts to include Firm-Fixed Price (FFP), Cost-Plus-Fixed-Fee (CPFF), Cost-Plus-Award-Fee (CPAF), Time-and-Materials (T&M), Indefinite Delivery – Indefinite Quantity (IDIQ), and negotiating Non-Disclosure Agreements and Teaming Agreements. Additionally, Tamara has extensive knowledge of green building and is a LEED Accredited Professional.
Tamara has been listed in Chambers USA as a leading attorney in the area of construction law (2010), and is Martindale-Hubbell AV Preeminent Peer Review Rated. She is past Chairman of the Board of the Washington Building Congress, which is the largest association of the construction industry in the Washington DC Metropolitan area. She is also a Charter Fellow of the Construction Lawyers Society of America.