Current View:

This content is provided by Richard F Smith.

Practice Areas

For over 40 years, Mr. Smith has been primarily engaged in matters relating to construction and contract disputes resolution. Currently his practice involves dispute resolution as a mediator, arbitrator, project neutral and Disputes Review Board member in construction related issues. He has dispute resolution experience with contractors, owners, subcontractors and design professionals, including public and private projects. He has helped resolve disputes dealing with delay claims, CPM scheduling, differing site conditions, contract terms and specification interpretation issues, defective specifications, change order pricing, extra work claims, inefficiency claims, and contract administration issues. Serves as a neutral in private and as a member of the Mediation and Arbitration Panels of the American Arbitration Association. Works with parties involved in construction contract disputes to assist in resolving all types of claims involving private and government contracts.

Professional Memberships

Fellow, College of Commercial Arbitrators, 2009-Present;

Fellow, American College of Construction Lawyers, 1997-Present; Board of Directors (2003-2006).

American Bar Association, 1972-Present; Forum on the Construction Industry, Member, Governing Committee, 1998-2001; Chairman, Division 1, Dispute Avoidance & Resolution, 1996-1998.

Virginia State Bar, 1972-Present; Chairman, Construction Law and Public Contracts Section, 1985 and 2008; Board of Governors, 1979-1985; 2000-2008. Virginia Bar Association, Member Board of Governors, 2006-2012.

Adjunct Faculty, University of Virginia Law School, 2009-Present.

Adjunct Professor, University of Richmond Law School, 1980-1991 Government Procurement Law.

Lecturer in Government Procurement, William & Mary Law School, 1977-1998

Adjunct Faculty, Averett University MBA Program, 2002-2003.

Publications

“Alternative Dispute Resolution,” Chapter 23, Virginia Construction Law Deskbook (with

Edmund M. Amorosi), © Virginia Law Foundation 2008

Co-Author: Richard F. Smith, Val S. McWhorter & W. Stephen Dale, Differing Site Conditions, ABA FORUM ON CONSTRUCTION INDUSTRY: CONSTRUCTION LAW TEXTBOOK (AMERICAN BAR ASSOC.) (Allensworth, et al. ed., 2008).

Co-Author: Obtaining Time Extensions by Richard F. Smith and John Marshall Cook, Chapter 23 in Construction Law Handbook, R. Cushman & J. Myers eds. (Aspen Publishing 2008)

Discovery Deskbook for Construction Disputes, ABA Books, 2007

“Innovations in Arbitration: Improving the Presentation of Evidence in Construction Arbitration,” Dispute Resolution Journal, August-October 2003, p. 30.

Tips on Effectively Presenting Construction Cases in Arbitration – From An Arbitrator’s View Point, ABA Section on Dispute Resolution, Annual Meeting, March 2003

“Overhead Costs,” Federal Government Construction Contracts, American Bar Association Forum on the Construction Industry, 2003

“Practical Uses of CPM Scheduling,” Construction Briefings No. 2002-2, February 2002 “Scheduling for a Construction Project,” Fundamentals of Construction Law, American Bar Association, Forum on the Construction Industry, 2001

“Project Overhead: A Dilemma Faced by Federal Government Contractors,” The Construction Lawyer, Vol. 21, No. 4, 2001

Co-author: Government Contracts and Construction Disputes by Richard F. Smith and Jonathan Shaffer, Chapters 3 and 14 in Public Assembly Facility Law (Int'l Assoc. of Assembly Managers, 1998)

“Discovery in Arbitration Proceeding Under Virginia’s New Uniform Arbitration Act” Virginia Bar News, February, 1997

“Dysfunctional ADR: Tips to Avoid the Pain,” The Construction Lawyer, Vol. 16, No. 4, 1996

“Dobson v. Rutgers: A Roll of the Dice for Multi-Prime Contractors,” The Construction Lawyer, 1984

“Scheduling and Proof of Claims,” Construction Briefings No. 82-6

“The Use of Critical Path Method Techniques in Contract Claims,” 7 Public Contract Law Journal 1, 1974

Experience

Mr. Smith is a member of the AAA Commercial Panel of Arbitrators and the AAA Panel of Mediators. In over 250 ADR proceedings, Mr. Smith has served as a mediator, arbitrator, project neutral and Dispute Review Board member.