Brad is a partner in the Complex Litigation practice group with extensive experience in environmental, construction, contract, banking, franchise, leasing and bankruptcy cases. He is also an expert in legal ethics. In addition, his practice includes arbitration and mediation, both as an advocate and as an arbitrator and mediator.
Honors and Other Distinctions
Recognized in The Best Lawyers in America in Alternative Dispute Resolution, Bet-the-Company Litigation, Municipal Litigation, Commercial Litigation and Construction Law (2005-2012).
Recognized in Super Lawyers - Corporate Counsel Edition for Business Litigation (March 2010); Named as a Virginia Super Lawyer in Construction Litigation (2006-2011) and Business Litigation (2007-2011).
Named to Virginia Business magazine’s Legal Elite in Alternative Dispute Resolution (2006) and Construction law (2007-2010).
Former member of Faculty of Virginia Supreme Court Professionalism and Present Member of Virginia State Bar Law School Professionalism Courses.
Representative Experience
Construction
Representation of highway maintenance contractor in multi-million dollar dispute with Virginia Department of Transportation.
Arbitration of multi-million dollar claim between a building contractor and an owner over the contractor's entitlements for cost-plus vs. fixed price work.
Representation of sellers and buyers of modular homes in restrictive covenants and defects cases.
Litigation and arbitration of a series of construction and mechanics' lien claims against a manufacturer of heavy trucks.
Litigation of asbestos abatement and removal cases against suppliers of asbestos products (Commonwealth v. Owens-Corning Fiberglas Corp., 385 S.E 2d 865 (Va. 1989); School Bd. v. U.S. Gypsum Co., 360 S.E. 2d 325 (Va. 1987)).
Mediation of two multi-million dollar disputes between the developers and owners of two retirement facilities.
Representation of numerous owners, contractors, subcontractors, suppliers, and sureties in construction transactions and disputes.
Church Property
Trial and appeal in multi-million dollar Episcopal church property cases (The Protestant Episcopal Church in the Diocese of Virginia v. Truro Church, 694 S.E. 2d 555 (Va. 2010)) and remand for seven week trial.
Local Taxation
Trial and appeal of local real estate tax abatement credit case (Riverside Owner, L.L.C. v. City of Richmond, 711 S.E. 2d 533 (Va. 2011).
Contracts
Representation of a commodity supplier in arbitration with Turkish buyer involving issues of Muslim dietary laws, and subsequent litigation with international testing company regarding product ingredients.
Litigation of a claim against an insurance company by an agent suing for fraud and in quantum meruit for the value of services agent provided in bringing the insurance company and another insurance company together in a joint venture (ITT Hartford v. Virginia Financial Associates, 520 S.E.2d 355 (Va. 1999)).
Litigation between a workers' compensation insured and its insurer over retrospective premium adjustments.
Representation of a furniture distributor in a multi-million dollar fraud and contract action against a third-party logistics provider.
Corporate
Representation of management in derivative action litigation.
Franchise
Litigation of dispute between heavy (forestry) equipment dealer and Canadian supplier over termination of dealership agreement. Case involved previously undecided issues concerning constitutionality and application of Virginia Heavy Equipment Dealer Act (Atlantic Machinery & Equipment, Inc. v. Tigercat Industries, Inc., 419 F.Supp. 2d 856 and 427 F. Supp. 2d 657 (E.D. Va. 2006)).
Litigation of lost profits claims by distributors of heavy equipment against their franchisors after distributorship agreements had been terminated.
Environmental
Defense of contamination cases arising under CERCLA and related federal and state legislation and the common law of nuisance, negligence and trespass relating to two former manufactured gas plant sites. (Portsmouth Redevelopment & Housing Authority v. BMI Apartments Associates, 847 F. Supp. 380 (E.D.Va. 1994)).
Representation of a real estate developer sued by landowners to vacate a wetlands permit issued by the U.S. Army Corps of Engineers (Crutchfield v. United States Army Corps of Engineers, 2002 U.S. Dist. LEXIS 21719 (E.D.Va. 2002)).
Employment
Litigation of employment wrongful termination and fraudulent inducement litigation (Godlewski v. Affiliated Corporate Services, Inc., 210 F.R.D. 568 and 571, 2002 U.S. Dist. LEXIS 17729 and 17720 (E.D.Va. 2002)).
Leasing
Litigation of an "end-of-lease" dispute between an equipment lessor and lessee over valuation of leased equipment.
Legal Ethics
Service for many years as Troutman Sanders' Ethics and Conflicts partner.
Publications
Co-author, "Bye, Bye, Blackwelder? Recent Cases and the Standards for Preliminary Injunctions in Virginia's Federal and State Courts," Virginia State Bar Litigation Section's Litigation News, Spring 2009.
Co-Author, "Dealer Protection Statutes Level the Playing Field for Heavy Equipment Dealers," Equipment Leasing Newsletter, Aug. 2006.
"Factors Involved in Granting and Denying Preliminary Injunctions in Virginia State Courts," VBA News Journal, Oct. 2004.
Co-Author: "Retrospective Rating Plans: A Joint Management Process," The Risk Management Letter, 1999.
"Think Ahead to Avoid Retro Policy Pitfalls" Business Insurance, Dec. 1995.