Gina Vitiello

Practice Areas

Construction Law

Commercial Litigation

Career

Gina M. Vitiello is the Chair of Chamberlain Hrdlicka’s Construction Law practice group. She counsels public and private companies on legal matters and risk management issues that typically arise for owners, contractors, subcontractors, and suppliers in the construction industry and litigates construction disputes in state and federal courts, as well as in arbitration.

Gina assists clients in drafting and negotiating construction contracts of all types, including design-build agreements, EPC agreements, subcontracts, purchase orders, commissioning agreements, energy savings performance contracts, joint venture agreements, facilities management and service agreements, and other commercial contracts. She works directly with general counsel and business executives to identify and minimize legal risks and provides practical advice to support her clients’ business objectives. She advises clients on licensing and compliance issues, and provides training to sales teams and project managers about various legal issues relating to contracts and business operations.

Gina counsels clients in dispute avoidance through review and analysis of claims and defenses relating to scope of work, substitutions, delay and schedule problems, standard of care, and other performance-related issues, including defaults and terminations. She works with clients to pro-actively resolve disputes before litigation through project and contract resolution procedures.

Gina is also an experienced construction litigator. She has acted as lead counsel in numerous trials and arbitrations involving contract and tort-based claims, with significant experience in handling claims relating to bid disputes, scope of work and non-payment issues, delay and impact damages, acceleration, extra work, loss of productivity, termination/default, and design or construction defects, and Miller Act claims.

Professional Memberships

American Bar Association Forum on Construction Law

American Bar Association, Public Contracts Section

Atlanta Bar Association—Construction Law Section

Associated Builders & Contractors (ABC) of Georgia

Associated General Contractors (AGC) of Georgia

Gwinnett Technical College—Construction Management Program Advisory Committee

Atlanta International School—Board of Directors

Human Rights Campaign—Federal Club Committee

Publications

Navigating the Paycheck Protection Program (PPP) Loan Forgiveness Application, Lender Review and Government Audit Process, and Corresponding Tax Consequences

Texas Tax Lawyer, Fall 2020

“After Surprise Appeals Court Ruling, Governor Signs Bill Restoring Builders' View of Contractors' Liens”

Article by Stephanie Friese and Gina Vitiello on “After Surprise Appeals Court Ruling, Governor Signs Bill Restoring Builders' View of Contractors' Liens”

The Daily Report, September 24, 2020

“Video Conferencing and Recording: Know the Risks Before You Connect”

Article by Gina Vitiello on “Video Conferencing and Recording: Know the Risks Before You Connect”

Legaltech News, April 23, 2020

“How to Protect Your Business While Working Remotely" in Business 2 Community

Article by Gina Vitiello on “How to Protect Your Business While Working Remotely"

Business 2 Community, April 10, 2020

“Recording Online Meetings: A Guide to eDiscovery Best Practices” article by Gina Vitiello in Daily Report

November 8, 2019

Limit Litigation Expenses by Streamlining Storage of Electronic Information

Construction Executive, June 6, 2016

Appeals Court Ruling Could Have Major Impact on Construction Warranties, December 2019, Bisnow Atlanta

Viewpoint: Dad Didn’t Wear a Tie, June 2013 Engineering News Record (ENR)

An Uphill Battle Against LEED-Based Codes, June 2013 Engineering News Record (ENR)

Transition to Integrated Project Delivery, October 2012 ForConstructionPros.com

Energy Savings Performance Contracts: A good bet in a bad economy?, March 2012 The Construction Specifier

Work Highlights

Counseled EPC contractor on matters related to $680M EPC contract for design and construction of electric utility plant; provided analysis and advice as to scope of work and delay issues, assisted in claim preservation project documentation, represented client in negotiation and mediation of change order and schedule disputes with project developer while construction was ongoing.

Represented regional hospital owner in procurement of design construction management services; drafted and negotiated all project agreements; provided advice on contract scope and delay issues arising during construction; assisted owner in developing, presenting, and negotiating $500K claim against project architect and mechanical engineer for defective design of mechanical system. Claim was settled favorably without litigation or other formal dispute resolution proceedings.

Represented design-build contractor of steel manufacturing facility in defense of claims by owner for defective design and construction, as well as affirmative claims for non-payment, extra work, and delays against owner, and indemnification claims against designer and subcontractors. All claims settled through pre-trial settlements.

Represented earthwork and utility subcontractor in a federal lawsuit against general contractor and engineer, seeking added costs of increased pavement thickness where bid plans prepared by engineer were not based on U.S. Army Corps of Engineer instructions to bidders and final design approved by the government required 1.5” to 3” of additional pavement to accommodate overlooked weight requirements.

Education