Representative Services

SERVICES SUMMARY

Robert L. Ferguson, Jr. has provided legal advice to the City of Frederick regarding many construction related claims, insurance questions, contract drafting, review and negotiation, procurement and EPA Grant funding.

Mr. Ferguson represented the City of Frederick before the U.S. District Court for the District of Maryland in a case involving a contractor’s claim for a $1.2 million equitable adjustment related to the deletion of work on the U.S. Environmental Protection Agency Grant Project for the construction of a new Waste Water Treatment Facility for the City. Mr. Ferguson was successful in having the case remanded to the Circuit Court for Frederick County, a more advantageous venue for the City.

The Waste Water Treatment Facility litigation was successfully concluded. The contractor’s claim for an equitable adjustment was tried to a jury and resulted in a verdict in favor of the City in the amount of $2.1 million. This resulted in a savings to the City of approximately $900,000 on the claimed equitable adjustment. That litigation also involved related claims by the City against the design engineer for defective specifications.

Our attorneys have represented the City of Frederick in the defense of other construction claims, including a contractor’s claim for an equitable adjustment arising out of alleged changes in specifications for concrete pipe which was part of the Carroll Creek Interceptor construction project obtaining a Directed Verdict in favor of the City..

The Firm also defended the City of Frederick from a contractor’s claims for defective specifications, delay and disruption on the Highland Street Bridge project. The dispute was successfully negotiated to a resolution satisfactory to the City.

The Firm also represented the City of Frederick in the defense of a contractor’s $1.3 million claim for extra work related to excavation, hauling and treatment of soil contaminated with petroleum hydrocarbons from leaking underground storage tanks. The claim alleged ambiguities in specifications and challenged the Maryland Department of the Environment’s determination of the manner and necessity of treatment of contaminated soils. At trial in the Circuit Court for Frederick County, the jury returned a verdict for the City.