Special Licenses/Certifications:

• Judd is a Martindale-Hubbell AV-rated attorney.

Bar/Professional Activity:

• Bar and Court Admissions:  Maryland, 1977; District of Columbia, 1978; U.S. District Court - District of Columbia, U.S. Court of Appeals for the District of Columbia, U.S. Claims Court, 1978; U.S. Court of Appeals for the Fourth Circuit, 1980; U.S. Court of Appeals for the Federal Circuit, 1982; U.S. Supreme Court - U.S. Court of Appeals for the Fifth and Ninth Circuits, 1985.

Scholarly Lectures and Writings:

• Judd has served on the faculty (construction law) of the Washington College of Law of American University.
• "Mechanics' Liens," Construction Briefings 82-5
• "Little Miller Acts," Construction Briefings 84-8
• "Bid Rigging," Construction Briefings 85-9
• "Delay and Disruption in International Construction," Construction Briefings 86-9
• "Misappropriate of Contract Funds," Construction Briefings 90-10
• "Handling Environmental Incidents at the Jobsite," Construction Briefings 91-10
• "Copyright of Construction Plans and Structures," Construction Briefings 92-10
• "Proving Claims Under the FIDIC Conditions of Contract," Hawksmere, Plc, 1994
• "Construction Trust Fund Statutes and the Misappropriation of Contract Funds," Construction Briefings 99-12
• "Mechanic's Liens/Edition II," Construction Briefings, 2000
• "Tort Liability in Construction Contracting," Construction Briefings, 2001
• "Who Owns the Float?," Construction Briefings, 2005
• "Contractor Licensing Laws, " 1993 Construction Update, Wiley Law Publications
• "Ownership and Reuse of Design Professionals' Designs," Architect and Engineer Liability: Claims Against Design Professionals, Secton Edition, Wiley 1995
• Judd is the author of District of Columbia Construction Law (HLK Global Communications, 2007), a comprehensive reference book discussing the central issues arising in public and private construction in the District of Columbia., Co-author, District of Columbia Construction Law, HLK Global Communications (publisher), 2007
• In this article for The Construction Lawyer, Judd and his co-authors address critical path method (CPM) scheduling as a tool for discerning the proximate cause of project delays, and, in particular, present a critical review of the Recommended Practice No. 29R-03 for Forensic Schedule Analysis issued by the Association for the Advancement of Cost Engineering International (AACEI) in June 2007., Co-author, A Critical Review of the AACEI Recommended Practice for Forensic Schedule Analysis, The Construction Lawyer, 2009
• In an article for the Washington Business Journal, Judd argued that success in the government sector can only occur if a company understands the fundamental differences between private sector and government construction contracting. The article offered a crash course on those differences., Author, Construction firms: stimulus-ready?, Washington Business Journal, 2009
• In an article for Image Magazine, Judd analyzed two important questions in the aftermath of the Madoff scheme: What is the defrauded investor to do? And beyond that, the larger question: What does the Madoff affair mean for Jewish charities and philanthropy in general?, Author, The Madoff Scheme: What Is a Defrauded Investor to Do?, Image Magazine, 2009
• In an article for Concrete Construction Magazine, Judd wrote that due to the recession, unemployment, scarcity of business opportunities, and other challenges have led many construction companies to begin to transition their business plans to the government and military construction sectors. Thus, many who have never before been involved in government construction now will be relying on it for their survival. The transitioning companies must quickly recognize that "construction" is not always "construction" and, that success requires a crash course in the ways of the government sector. Several important issues should be recognized and addressed at the very outset., Author, Aggregate View: Transitioning Business in a Troubled Economy, Concrete Construction Magazine, 2009
• In an article for Engineering News-Record (ENR), Judd wrote that many in the construction industry, including contractors who have no prior experience in government construction, are now actively competing for a share of the stimulus pie. This change in market focus has immediate ramifications for the newcomers. Most important, transitioning contractors must quickly learn that success in the public sector requires education and adjustments in four areas., Author, Gaining a Slice of Stimulus Pie, Engineering News-Record (ENR), 2009
• In an article for the Washington Business Journal, Judd wrote that the rise in green design and construction has brought with it “green” claims and litigation., Author, Costly litigation may cause green bloom to fade, Washington Business Journal, 2009
• In an article for Law360, Judd wrote that, in his 30 years of prosecuting and defending “must-win” cases, many involving substantial construction claims in the power and energy industries, he has learned that there are certain immutable principles absolutely necessary to ensuring victorious results. Judd described those principles and argued that deep understanding and implementation of the basic principles are absolutely essential to winning., Author, Winning the 'Must-Win' Case, Law360, 2009
• In an article for Sustainable Land Development Today, Judd wrote that the potential liability associated with taking on a green project without proper preparation is huge. He said that potential causes of legal action include claims for misrepresentation, fraud, negligence, negligence per se and breach of contract., Author, The Green Building Movement: Minimizing the Risks , Sustainable Land Development Today, 2009
• Judd and hs team present Must-Know Seminars™ on subjects of importance to the business community. These 90-minute seminars are presented on location and teach audiences what they must know on the latest important topics. Since initiating the Must-Know Seminar™ series, Judd and his team have presented, to rave reviews, at client and trade association locations across the country including Boston, Mobile, San Francisco, Washington, D.C., and various other locations.  Currently, Judd and his team offer the following seminars: Avoiding E-Trouble, Building Green, Winning the Must-Win Case, and Claims Avoidance, Mitigation and Resolution., Presenter/Lecturer, Must Know Seminars™, 2010
• In an article for ConstructionRisk.com, Judd wrote that the decision in New Athens is particularly significant regarding the enforceability of liquidated damages provisions. Liquidated damages provisions are too frequently overlooked, but can - and will - be enforced, often without consideration of actual damages., Author, $26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner, ConstructionRisk.com Report, 2010
• In an article for Managing Power magazine, Judd and his colleague James (Jim) McMichael wrote that a recent case demonstrates arbitration panels' willingness to uphold liquidated damages clauses in power plant engineering, procurement, and construction contracts., Co-author, Power Owners in Strong Position to Collect Liquidated Damages, Managing Power, 2010
• Judd served as the only attorney participant in a panel discussion on the subject of reduction in our carbon footprint and the resulting opportunities and threats, with a detailed look at the current status of cap & trade legislation., Panel member/speaker, 16th Annual Farkas Berkowitz Forum, For Leaders of Infrastructure, Environmental, and Facilities Markets, 2010

Verdicts and Settlements:

• Settled claim for contractor by Georgetown Hospital.
• Settled $40,000,000 claim on power plant in upstate New York.
• Settled claim against architect on historic hotel reovation in Washington, DC.
• Judd recently served as lead counsel in a record-setting case involving the construction of a $53 million power plant in upstate New York. What is believed to be the U.S. construction industry's largest-ever liquidated damages award was entered against construction giant Bechtel and in favor of New Athens Generating Company, LLC, a merchant power company. Over the course of a five-year trial, Judd successfully defended the owner against $80 million in claims by the EPC contractor, Bechtel, and prosecuted the owner's substantial affirmative claims against Bechtel, resulting in the three-member arbitration panel’s substantial award in favor of the owner for liquidated damages.  Bechtel Power Associates Professional Corporation v. Athens Generating Co.
• Judd served as lead counsel for the general contractor on the San Diego Naval Hospital Project, a $100 million dollar hospital, where he successfully defended the general contractor in a three-month jury trial in federal court against multi-million dollar subcontractor claims and then sustained the victory by defending against an appeal in the 9th Circuit. Mai Steel Service, Inc. v. Blake Construction Co., Inc., 981 F.2d 414 (9th Cir. 1992).
• Judd obtained the dismissal of a multi-million dollar RICO complaint and successfully sustained that dismissal at the U.S. Court of Appeals for the Fourth Circuit. Lyon v. Campbell, 28 F.3d 1210 (4th Cir. 1994).
• Judd and his trial team made law in the State of Maryland when, in a derivative lawsuit brought by dissident shareholders in two closely held corporations, they obtained a dismissal of the suit and sustained that dismissal in a landmark decision at the Maryland Court of Special Appeals. Bender v. Schwartz, 172 Md. App. 648 (2007).
• Judd was lead trial counsel for the State of New Jersey Department of Environmental Protection, in Cacon, Inc. v. Rand Environmental Services, Inc., 2006 WL 2389553 (N.J. Super. A.D. 2006) where he successfully defended New Jersey against $60 million in claims on a Super Fund remediation project. As a result of Judd and his trial team's tenacity and strategy, the case was very favorably resolved on the eve of trial after major summary judgment rulings were obtained on behalf of the State of New Jersey.
• Judd served as construction counsel to the Maryland Stadium Authority in connection with its construction of over 1 billion dollars in fast track projects, including Orioles Park at Camden Yard, Baltimore Convention Center, Ravens Stadium, and Comcast Arena. Judd put in place a claims resolution system, which resulted in the resolution by negotiation of every construction claim made on those multiple projects.
• Judd was lead counsel for a Navy contractor wrongfully terminated for default by the government. In this case, which involved multiple trials before the Armed Service Board of Contract Appeals, Judd prosecuted the contractor's multi million dollar affirmative claims while at the same time defended against the Navy's twenty-five million dollar claim against the contractor. After several trial victories, the Navy settled the case by paying the contractor 11 million dollars. Appeals of Blake Construction Co., Inc. Under Contract No. N68248.81-C-3021, Armed Services Board of Contract Appeals.
• Mobil Chemical Co. v. Blount Brothers. Corp.; February 17, 1987; United States Court of Appeals for the Fifth Circuit, 809 F.2d 1175

Representative Clients:

• ADA Carbon Solutions
• Grunley Construction Company
• American Municipal Power (AMP)
• Pacific Gas & Electric Company (PG&E)
• Whiting Turner Contracting Co., Inc.
• National Energy and Gas Transmission
• Maryland Stadium Authority
• La Paloma Generating Co., LLC
• HLM Design
• Glen Construction Company, Inc.
• Gilbane Building Company
• The Driggs Company, LLC
• Blake Construction Co., Inc.
• Barton Malow Company
• Baker Concrete, Inc.
• Athens Generating Company, LLC

Other Outstanding Achievements:

• In addition to authoring many legal publications, Judd has also published four books: "Heaven Sent Stories of Faith and Effort," Targum/Feldheim, 1977; "Stories for Shauli," Targum/Feldhein, 1999; "The Klausenberger Rebbe, The War Years," Targum/Feldheim, 2003; and "The Klausenberger Rebbe, Rebuilding," Targum/Feldheim, 2007.
• Judd and his team's work in the Athens Generating Company, L.P. v. Bechtel Power Corporation case was covered by Construction Claims Advisor., 2009
• Judd and his team's work was highlighted in an article in the Andrews Utilities Litigation Reporter, titled "Power Plant Builder Loses Most of Contract Demand." The article summarized the matter of Athens Generating Co. et al. v. Bechtel Power Corp. et al., No. 6085-09, motion to confirm arbitration award filed (D.C. Super. Ct. Aug. 20, 2009)., 2009
• Judd and his team were featured in Lawdragon's Lawyer Limelight, a column that highlights outstanding attorneys and their achievements, for their work securing what is believed to be the U.S. construction industry’s largest-ever liquidated damages award, which was entered against construction giant Bechtel and in favor of New Athens Generating Company, LLC, a merchant power company., 2009

Educational Background:

• B.A., Yeshiva University, magna cum laude, 1974; J.D., George Washington University, 1977