Dirk D Haire

Practice Areas

Ranked as one of the leading construction law attorneys in the District of Columbia by Chambers USA, Dirk leads a national construction and government contracts practice focused on bid protests and claims litigation relating to federal construction.

Dirk represents clients in connection with federal bid protests and construction litigation in the Boards of Contract Appeals, the Court of Federal Claims, the Government Accountability Office, the U.S. Court of Appeals for the Federal Circuit and various U.S. district courts. He holds an active U.S. Secret security clearance and handles high-stakes litigation involving major construction projects across the United States and around the world, including Afghanistan, Iraq, Russia and Africa.

Dirk also works to help his clients avoid litigation by assisting with the resolution of issues such as constructive changes, delays, accelerations, defective work, differing site conditions and default terminations. He offers guidance and representation in compliance matters, including past performance evaluations, defective specifications, the Build America, Buy America Act, the False Claims Act, the Buy American Act and the Miller Act.

Dirk regularly counsels federal contractors on teaming arrangements; small business and set-aside strategy and compliance (8(a) contracting, ANC, NAC, HUBZone, SDVOSB); Federal Acquisition Regulation business ethics, conduct codes and compliance; DCAA audits and investigations; cost allowability and the Cost Accounting Standards; subcontracting plans; and debriefings.

Dirk serves as the office managing partner of Burr’s D.C. office. He is the co-founder of the Associated General Contractors (AGC) of America Federal Acquisition Regulation (FAR) Committee and serves on AGC's National Board of Directors and the National Executive Committee of AGC’s Service & Supply Council.

Career

Prior to joining Burr, Dirk was a partner of Fox Rothschild and Holland and Knight, and was a senior director at AGC of America.

Professional Memberships

Former Chair, Maryland Republican Party

Board Member, Greater Washington Board of Trade

Associated General Contractors of America (Member: Board of Directors, Contract Documents Committee, Corps of Engineers Committee, Industry Liaison Committee, Naval Facilities Engineering Command Committee, Project Delivery Committee, Risk Management Committee)

AGC of America, Maryland Chapter AGC of America, DC Chapter

AGC of America, Mississippi Valley Chapter

Design-Build Institute of America

Construction Financial Management Association Washington Building Congress (Program Committee)

ABA Forum on the Construction Industry

ABA Public Contract Law Section Maryland State Bar Association

American Road & Transportation Association

Review Committee Member, American Arbitration Association's Construction Mega Project Panel

Experience

In MVL USA, Inc., et al.. v. United States

Won a consolidated bid protest in the U.S. Court of Federal Claims challenging former President Joe Biden's policy requiring project labor agreements on all federal construction projects valued at $35 million or more. The Associated General Contractors of America hired Dirk to develop the strategy that defeated the policy, which effectively required every large federal government construction contract to be completed under union labor terms and conditions.

Caddell v. United States

Won a bid protest that blocked State Department's award of a $156 million contract to construct an annex to the U.S. embassy in Moscow. Litigated in the U.S. Court of Federal Claims and secured an injunction to cease performance of contract due to finding that the bid protester was denied a fair evaluation as a result of a "careless and inconsistent evaluation process."

U.S. Embassy in Oslo, Norway

Obtained a $66.3 million settlement with the State Department on behalf of a construction management company in connection with construction of the new U.S. Embassy in Oslo, Norway. The May 2021 settlement, involving CDA claims litigation in the Court of Federal Claims, was the largest ever against the State Department's Overseas Building Division.

NSA Consolidated Intelligence Center in Wiesbaden, Germany

Successfully settled €18 million claim at Court of Federal Claims against the U.S. Army Corps of Engineers. The claim was filed in connection with construction of a Consolidated Intelligence Center (CIC) facility for the National Security Agency (NSA) in Wiesbaden, Germany, and involved delays and impacts resulting from changes in security protocols.

Education