K. Brett Marston
USA Guide 2023
Band 4 : Construction
Email address
[email protected]Contact number
540.983.9391Share profile
Band 4
About
Provided by K. Brett Marston
Practice Areas
Construction, Business Litigation, Breach of Contract, Construction Claims, Defects & Warranties, Government Contracting, Mechanic's Liens, Bond & Payment Claims, OSHA/VOSH, Licensing & Permitting, Regulatory/Administrative Representation, Rail
Career
Brett Marston serves as Gentry Locke’s Managing Partner and is a member of the firm’s Construction Law practice group. Brett has extensive experience in construction contract negotiations and preparation, payment disputes, mechanic’s liens, bond claims, construction defects, delay claims, insurance and OSHA matters. He handles significant construction matters in federal and state courts, arbitration and mediation for general contractors, subcontractors, owners, design professionals and suppliers. In addition, Brett is consistently noted as a Virginia Super Lawyer, has consecutively made their Virginia Top 10 and Top 100 lists, and has thrice been awarded Roanoke Lawyer of the Year for Construction Law by The Best Lawyers in America. In 2018, Brett was named to the 2018 class of “Leaders in the Law” by Virginia Lawyers Weekly.
Professional Memberships
Serving on the Virginia State Bar’s Budget & Finance Committee, Professionalism Committee, and Standing Committee for Legal Ethics
Virginia State Bar: Member, Bar Council representing the 23rd Judicial Circuit (2016-2022); Construction and Public Contracts Section, Chair (2012-2013), Board of Governors, (2003-2014), Treasurer (2009-2010), Secretary (2010-2011)
Roanoke Symphony Orchestra Board of Directors (2013-Present)
Hidden Valley High School Athletic Boosters, Board member (2012-2017), President (2014-2017)
The Ted Dalton American Inn of Court, Executive Committee Member, (2009-2011); Member (2006-2014)
Roanoke Bar Association, President (2006-07); Board of Directors (2001-2008); Chair, Young Lawyers Committee (1999-2001); President-Elect and Chair of Programs (2005-2006); Member (1994-Present)
Roanoke Bar Association Foundation, Chair of Trustees (2007-2008)
Roanoke Division of Associated General Contractors of Virginia, Board Member, (2003-2006); Safety Alliance Steering Committee (2005-2007)
Roanoke Regional Chamber of Commerce Board Member, (2007-2009)
The Virginia Bar Association Construction and Public Contracts Law Section, Executive Council Member (2004-2006)
Virginia State Bar Young Lawyers Conference Board of Governors representative for 8th District (1997-2001)
Law Clerk to the Honorable J. Calvit Clarke, Jr., Senior United States District Judge, Eastern District of Virginia, Norfolk, Virginia (1993-94)
George Mason University Law Review (1992-93)
Cave Spring National Little League, President (2008, 2009)
Roanoke Regional Forum, member of founding steering committee (2009-2014)
Experience
Represented contractor in multi-million dispute over termination and damages related to water intake project
Represented local municipality in dispute with highway/utility contractor on urban road/utility renovation project
dispute related to construction of $800 million hotel/convention center project
Represented structural steel subcontractor in claims, payment, and insurance dispute related to construction of $800 million hotel/convention center project
Represented commercial subcontractor against national contractor in litigation and mediation for payment, change order, and claim issues on $45 million stadium project, in federal court
Represented owner of municipal wastewater treatment facility in successful action against national general contractor and national engineering firm for design and construction problems, successfully resolving both in mediation
Represented national contractor in prosecution of a liquidated damages/delay claim against concrete subcontractor, and defense of multi-million dollar counterclaim for alleged delays. Successfully resolved in mediation
Obtained summary judgment in federal court for commercial masonry contractor against national construction manager seeking to recover for costs of repairing allegedly defective masonry work on hospital
Obtained a directed verdict at state court trial for general contractor in suit brought by masonry subcontractor seeking additional payments on alleged oral subcontract agreement
Represented developer of residential apartments for university students in defending and resolving approximately 15 mechanic’s liens filed against property, totalling approximately $1.5 million
Represented international engineering firm in litigation and resolution of dispute over a EPC/design-build project for a $40 million power plant, including design, site conditions, delay claim, contract interpretation, and surety issues
Represented general contractor in multi-million dollar mechanic’s lien and payment dispute related to hotel construction project
Represented highway/bridge contractor in connection with bid-protest filed by competitor on VDOT project
Represented highway/bridge contractor in filing protest with federal government agency on project to work on Blue Ridge Parkway
Represented owner in preparation of package of bid and contract documents for renovation of regional educational facility
Represented engineering firm in defense of multi-million dollar claims by project developer alleging defective site design and geotechnical errors
Prepared documents for general contractor for submission as unsolicited proposal under Virginia’s PPEA (Public Private Educational Facilities Act)
Represented commercial subcontractor in analyzing and negotiating subcontract for work on multi-million dollar museum project
Represented in litigation a national general contractor in defense of a claim regarding installation of allegedly defective exterior cladding on new hospital facility
Represented commercial contractor in filing mechanic’s liens for over $1 million on condominium project for work performed under a cost-plus contract
Represented HVAC subcontractor in asserting and prosecuting claims against general contractor’s payment bond on a government project, relating to delay claims and outstanding payments owed
Represented governmental owner in negotiating a takeover agreement with general contractor’s surety on new building on which construction was far behind schedule
Represented manufacturing client in defense of alleged Willful OSHA violations arising out of workplace fatality
Represented engineering firm in defense of alleged Willful OSHA violations arising out of construction site shoring failure
Represented numerous general contractors, subcontractors, and general industry businesses in defense of OSHA citations, including Willful, Repeat, and Serious Violations
Represented employer/general contractor in defending, through trial, multiple OSHA citations, including alleged trenching violations
Successfully defended business owner in day-long hearing before Fire Code Board of Appeals for alleged fire code violations relating to building classification and egress from building
Education
George Mason University School of Law
JD
University of Virginia
BA
Awards
Roanoke Lawyer of the Year for Construction Law & Litigation
Best Lawyers in America
2022
Roanoke Lawyer of the Year for Construction Law & Litigation
Best Lawyers in America
2021
Roanoke Lawyer of the Year for Construction Law & Litigation
Best Lawyers in America
2020
Virginia Super Lawyers for Construction Litigation
Super Lawyers
2023
Virginia Super Lawyers for Construction Litigation
Super Lawyers
2022
Virginia Super Lawyers for Construction Litigation
Super Lawyers
2021
Legal Elite in Construction
Virginia Business Magazine
2022
Legal Elite in Construction
Virginia Business Magazine
2021