Brian S. Wood is a Partner in the D.C. Metro Area office of Smith Currie. Brian is highly experienced in matters involving both public (federal, state, and municipal) and private construction representing owners (public and private), contractors, design-builders, subcontractors, engineers, and sureties. Prior to coming to Smith Currie, Brian was General Counsel for Keller Foundations, LLC and its U.S. subsidiaries. Brian handles a broad spectrum of construction matters, ranging from pre-bid risk analysis to bid protests, contract drafting and negotiation, claim preparation, negotiation, and prosecution, and dispute resolution in private, public, and international arbitration, state and federal courts, and boards of contract appeals. Brian holds a degree in civil engineering and has worked as an engineer, construction manager, estimator, inspector, and scheduling and claims consultant on transportation, flood control, environmental restoration, and vertical construction projects.
Brian assists contractors in meeting federal contract and regulatory compliance obligations, including by drafting and advising on adherence to contractor codes of business ethics and conduct and small business subcontracting plans. Brian advises and defends contractors in false claims and other federal compliance investigations and actions.
Representative Matters
- Arbitrated to award against a public owner a dispute over differing site conditions, delays, and constructive changes on a dam construction project.
- Successfully litigated and negotiated the reversal of a termination for default by the government against
a design-build contractor. - Litigated to award by the Armed Services Board of Contract Appeals a dispute
over delays and changes as part of the design and construction of an Army Reserve
Center. - Litigated and tried before the Court of Federal Claims a dispute over differing site
conditions related to pile-driving and constructive acceleration as part of a NAVFAC
nuclear aircraft carrier pier reconstruction project. - Successful defense of contractors against False Claims Act allegations and investigations
by the Department of Justice. - Prosecuted and successfully resolved ASBCA appeal of dispute with U.S. Army Corps
of Engineers regarding performance specification verification testing on dike rehabilitation
project. - Arbitration award for drilled shaft contractor in dispute over defective specifications as
part of environmental containment project on chemical manufacturing site in Ohio. - Prosecution and recovery of differing site condition and superior knowledge claims on
container terminal construction project in Colón, Panama. - Prosecution, litigation and settlement of mechanics’ liens, bond claims and other contract
claims for scope changes on project involving the construction of high-voltage
transmission lines for wind-generated electricity in central Texas. - Preparation, prosecution and resolution of pass-through delay and impact claims by
caisson contractor against FDOT on rail bridge project in South Florida. - Arbitration on behalf of USAID and host country agency of dispute over claims by
contractor on water and sewer project in Egypt.
Honors and Awards
- The best Lawyers in America® , Construction Law, 2024
Announcements
Articles & Publications
- Termination for Convenience: Often Overlooked, Deep Foundations, May/June 2023
- Is the Inspecting Engineer Liable to the Geotechnical Subcontractor for Negligence? Deep Foundations, January/February 2023
- The Consequences of Imperfect Notice of Changes, Delays, and Claims, Deep Foundations, September/October 2022
- Material, Labor, and Equipment Price Escalation: The Hard Truth on Recovering Increased Costs, Deep Foundations, July/August 2022
- Recovery of Attorneys’ and Expert Fees Under the Equal Access to Justice Act, Deep Foundations, May/June 2022
- Considering Sophisticated Contract Demands of Smart Construction, Deep Foundations, January/February 2022
- Co-Author, Considering FAR Council COVID-19 Vaccination Requirements, Deep Foundations, November/December 2021
- Unresolved Legal Issues Around Sustainability, Deep Foundations, September/October 2021
- Coronavirus-Related Guidance for Employers With Return to Physical Workplaces, Deep Foundations, July/August 2021
- Limiting Marine Project Geotechnical-Related Claims, Deep Foundations, May/June 2021
- Establishing Type I Differing Site Conditions, Deep Foundations, March/April 2021
- Co-Author, New Cybersecurity Requirements for Government Contractors, Deep Foundations, January/February 2021
- On Solid Ground: Industry Groups Publish Work Platform Guides, Deep Foundations, November/December 2020
- Change Principles and Compensation for COVID Impacts, Deep Foundations, September/October 2020
- Legal Recourse for Work Performance Limitations, Deep Foundations, July/August 2020
- Co-Author, COVID-19 Contractual and Legal Considerations, Deep Foundations, May/June 2020
- Co-Author, Potential Reduced Construction Impact of Endangered Species Act, Deep Foundations, March/April 2020
- Co-Author, Indemnification Against Release/”Disposal” of Hazardous Materials, Deep Foundations, January/February 2020
- Co-Author, Primer on Environmental Laws Affecting Construction, Deep Foundations, November/December 2019
- For Safety, the Law Makes You Your Brother’s Keeper, Deep Foundations, September/October 2019
- Shopped, Chopped, and Peddled, Deep Foundations, July/August 2019
- When Is It OK to say “No”? The Duty to Proceed and Right to Stop Work, Deep Foundations, May/June 2019. Also published in AGC Newsletter, Volume 5, Issue 5, August 5, 2019, and Surety Bond Quarterly, June 12, 2019
- OSHA Publishes Answers to FAQs About Respirable Crystalline Silica Standards, Deep Foundations, March/April 2019
- False Implied Certifications in Making Pay Requests – What We Can Learn from Lance Armstrong, Deep Foundations, January/February 2019
- “For Information Only” — The Effect of Disclaimers and Other Exculpatory Clauses, Deep Foundations, November/December 2018
- Co-Author, OSHA Moves to Eliminate Capacity Requirement for Third-Party Crane Operator Certification, Deep Foundations, September/October 2018
- Slander of Title: When Your Mechanic’s Lien Bites Back, Deep Foundations, July/August 2018
- Substantial Performance: When Is Close Good Enough?, Deep Foundations, May/June 2018
- Contractors Do Not Assume All Risks for Satisfying Performance Specifications, Deep Foundations, March/April 2018
- Serving as an Expert: Courts Apply Standards to Weed Unsupported Opinion Testimony Deep Foundations, January/February 2018
- Construction Dispute Resolution Comes Out of the Stone Age, Deep Foundations, November/December 2017
- Project Record-Keeping and Proving Claim Damages, Deep Foundations, September/October 2017
- Getting Paid on a Public Project, Deep Foundations, July/August 2017
- Variations in Estimated Quantities – When Add and Deduct Prices Are Not Adequate, Deep Foundations, May/June 2017
- New OSHA Standards on Respirable Silica to Take Effect, Deep Foundations, March/April 2017
- Recovering Attorney Fees for Changes on Government Contracts. Deep Foundations, January/February 2017
- Differing Site Conditions Claims on Design-Build Contracts. Deep Foundations, November/December 2016
- Buy America[n]. Deep Foundations, September/October 2016
- Sick and Safe. Deep Foundations, July/August 2016
- Risks and Perils of Working Without a License. Deep Foundations, May/June 2016
- Type 2 Differing Site Conditions: Establishing “unknown” and “unusual” subsurface conditions is difficult, but possible. Deep Foundations, March/April 2016
- The Economic Loss Rule. Deep Foundations, January/February 2016
Smith Currie's Common Sense Contract Law
- COVID-19 Vaccine - Can Employers Make it Mandatory for Employees?, (January 14, 2021)
- Stay-At-Home Orders and Work Restrictions with 50 State Matrix, (April 10, 2020)
- Updated 3/13/20: Coronavirus is Here: What Does That Mean for Your Project and Your Business?, (March 13, 2020)
- Updated 3/13/20: Coronavirus is Here: What Does That Mean for Your Project and Your Business?, (March 13, 2020)
- What Employers Need to Know Regarding Employee-Friendly Changes to Maryland Law Effective October 1, 2019, (October 2, 2019)
Presentations
- Webinar - Davis-Bacon & Related Acts Update - August 31, 2023
- Live from D.C. - Smith Currie's Spring Update Seminar - May 12-13, 2022 - National Harbor, MD
- “Sea of Change” – Smith Currie’s Annual Update Seminar – October 22, 2021 – Atlanta, GA (Federal Contracting and Infrastructure)
- Indemnification, What Subs Need to Know - August 26, 2021 - Rockville, MD
- Webinar: The Nature and Organization of the Federal Government as an Owner - Session One of Federal Construction 101: What New Federal Contractors Should Know - September 17, 2020
- Florida CEU – Virtual Course for Florida Contractors in Georgia – August 13-14, 2020 (Work Place Safety)
- Webinar: Practical Considerations for Subcontractors Dealing with Coronavirus - March 18, 2020
- AGC FEDCON Federal Construction Law & Regulation Workshop – June 10, 2019 – Washington, DC (Pass-Through Contract and Subcontract Schemes)
- ASAMW 2019 Annual Membership and Attorneys Council Program: Bid Shopping, Bid Chopping, and Bid Peddling - May 28, 2019
- ASAMW Project Managers Training Workshop: Contract Review - February 14, 2019
- ASA-Smith Currie Corporate Wellness Seminar – June 1, 2018 – National Harbor, MD (Internet of Construction Things; Dispute Resolution)
- Smith Currie’s 48th Annual Update Seminar – March 22-23, 2018 – Atlanta, GA (Public Procurement - Federal, State, Local)
- Smith Currie’s 47th Annual Update Seminar - March 2-3, 2017 - Atlanta, GA
- Sick Leave Laws and Regulations - February 8, 2017 - Washington, D.C.
- Construction and Federal Contracting: Update and Best Practices Workshop - November 10, 2016 - Washington, DC
- AGC Webinar - Fair Pay and Safe Workplaces Series Part Two: What Types of Labor Law Violations Put You at Risk of Disqualification? - October 17, 2016
- National Electrical Contractors Association Convention - Paid Sick Leave and Fair Pay and Safe Workplaces - October 7, 2016 - Boston, MA
- National Electrical Contractors Association Convention - New Workplace Sick Leave Rules - October 7, 2016 - Boston, MA
- AGC Fair Pay & Safe Workplaces (Blacklisting) Executive Order Webinar - September 7, 2016
- Ironworker Management Progressive Action Cooperative Trust (IMPACT) Business Fundamentals Academy "Fundamentals of Project Management" and "Developing and Managing the Project Schedule" Ann Arbor, MI, July 18-19, 2016
- Federal Contracting - What You Need to Know - May 9, 2016 - Washington, DC
- Smith Currie's 46th Annual Update Seminar - May 5, 2016 - Fort Lauderdale, FL
- ABA Construction Forum “Sticks and Bricks – Foundations” course – 2015
- Hayward Baker New Project Managers Contract Review, Liens and Claims course – 2007, 2009, 2011, 2013, 2015
- Frederick County Community College – Adjunct Professor – Course in Construction Management Fall 2004
Professional Affiliations
- American Bar Association
- Maryland State Bar Association
- American Society of Civil Engineers
- Tau Beta Pi National Engineering Honor Society