Shiva S. Hamidinia

SHAREHOLDER
Phone: (703) 218-2155
Fax: (703) 218-2160
Practice Areas

Shiva S. Hamidinia

SHAREHOLDER
Phone: (703) 218-2155
Fax: (703) 218-2160
Practice Areas

Shiva has over a decade of experience helping regional, national, and international companies navigate the complex regulatory framework governing state and federal projects.

Considering the unique needs of her clients, Shiva provides counsel on a full spectrum of construction, surety and government contract issues, including formation, administration and performance, design-build and joint venture issues, claims, contract termination, delays, mechanic’s liens, surety takeover and indemnification.

When litigation is unavoidable, Shiva adeptly navigates her client’s interests in the state and federal courts in Virginia, Maryland, and the District of Columbia, before the Boards of Contract Appeals, the Government Accountability Office, and the Court of Federal Claims. Shiva is a frequent author on emerging issues in construction and public contracting law. In 2017, she was selected for inclusion as a Virginia and Washington, D.C. Super Lawyers “Rising Star” in Construction Law.

Education
  • J.D., George Mason University School of Law, 2007
  • B.A., Cum Laude, University of Virginia, 2003
Admitted To Practice
  • Virginia
  • Maryland
  • District of Columbia
  • California (inactive)
  • United States Court of Federal Claims
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Western District of Virginia
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • U.S. Bankruptcy Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Western District of Virginia
  • US Court of Appeals for the Federal Circuit
Areas of Concentration
  • Government Contracts
  • Construction Law
  • Surety Law
  • Litigation
Professional Activities
  • American Bar Association Section of Public Contract Law
  • ABA Forum on the Construction Industry
    • Steering Committee Member Division 3 (Design)
    • Diversity Committee Member
  • Young Lawyers Conference of the Virginia State Bar
    • Immigrant Outreach Committee Chair
  • Liaison to ABA’s Commission on Racial and Ethnic Diversity in the Profession
  • American Subcontractors Association Metro Washington Chapter
    • Professional Council Member (2015)
Honors & Awards
  • 2017 Virginia Super Lawyers – Rising Star – Construction Law
  • 2017 Washington D.C. Super Lawyers – Rising Star – Construction Law
  • 2016 Recipient, Diversity Fellowship Award from the ABA Forum on the Construction Industry
  • 2014 Recipient, Diversity Scholarship to attend the ABA Forum on the Construction Industry’s Midwinter Meeting in the Bahamas
  • 2013 Recipient, Award for Significant Service to the Young Lawyers Conference of the Virginia State Bar
Publications
  • The Misadventures of Shared Design Risk in the New Design-Build World: Managing Design Risk and Responsibility on Federal Design-Build Projects, Constr. Law., Spring 2018, at 7
  • The Intersection of Ethics and Diversity – How Model Rule 8.4(g) Impacts What You “Should Know”, ABA Forum on Construction Law (December 2017)
  • Best Practices for General Counsel Driven Diversity Initiatives, ABA Forum on Construction Law (June 2016)
  • Contract? We Don’t Need No Stinking Contract! Analyzing the Shifting Sands of the Venerable “Economic Loss Doctrine”, ABA Forum on Construction Law (January 2016)
  • Jury Awards Against Design-Engineering Firms — Lessons From the Trenches, ABA Forum on Construction Law (December 2015)
  • The Fate of Cumulative Impact Claims on Public Works Contracts in Virginia, Virginia Lawyer Magazine (December 2015)
  • Navigating Disputes and Claims on Construction Projects: The Twists and Turns of the Carnell Construction Case, Virginia Journal of Local Government Law, Vol. XXV, No. 2, Fall 2014, p.1.
  • Subcontractor’s Payment Rights on Federal Projects, ASA of Metro Washington White Paper  (September 2014)
  • Co-Author, “Maryland” in The Surety Underwriter’s Desk Book, ABA Fidelity and Surety Law Committee, 2013 (and 2014 update).
Practice Highlights

Government Contracts Work:

  • Successfully intervened in protests before the GAO and secured $84.7M contract award for the client.  Successfully briefed and litigated matter to defeat competitor’s allegations of unequal access to information organizational conflicts. Read more here.
  • Litigated bid protests of major procurements to reclaim and secure contracts for clients.
  • Converted Termination for Default to Termination for the Convenience of the Government in matter before the Armed Services Board of Contract Appeals (ASBCA).
  • Advised client on suspension and debarment proceeding, negotiating a favorable resolution.
  • Assisted large and small business clients on forming compliant mentor-protégé joint venture agreements.
  • Advised clients about small business regulations, including prosecuting and defending size and status protests before the Small Business Administration (SBA).
  • Represented construction contractors in appeals to the Civilian Board of Contract Appeals and the Court of Federal Claims from final Contracting Officer decisions denying claims, including claims for delays, defective specifications and other issues.
  • Drafted and filed FOIA requests and appeals.
  • Provided legal recommendations to clients on necessary revisions to subcontract, teaming, and non-disclosure agreements.
  • Provided client consultation on the International Traffic in Arms Regulations (ITAR) the Export Administration Regulations (EAR), as well as Industrial Security Requirements, when either hiring a foreign person as an employee or retaining their services through a subcontractor, contract labor, or technical services subcontract.
  • Provided compliance advice to clients regarding Service Contract Act, the Buy America Act and the Trade Agreements Act.

Construction and Surety Work: 

  • Defended and obtained dismissal of surety client based on the plaintiff’s failure to name principal under the bond in its petition to enforce mechanic’s lien in the Charlottesville Circuit Court.
  • Obtained summary judgment enforcing indemnity agreement against principals on behalf of surety client in the U.S. District Court for the Eastern District of Virginia.
  • Defended and obtained dismissal of surety client for lack of subject matter jurisdiction in the Loudoun County Circuit Court.
  • Obtained an award of payment of pre-petition contract funds to surety in the U.S. Bankruptcy Court for the Eastern District of Virginia.
  • Prosecuted indemnification action on behalf of surety client against indemnitors in the Henrico County Circuit Court, including obtaining a judgment awarding the client all of its incurred attorney’s fees and costs.
  • Filed and settled adversary action on behalf of mechanical subcontractor against general contractor resulting in a determination of non-dischargeable debt.
  • Provided legal recommendations to  clients on necessary revisions to design-bid-build construction, design-build construction, marine, dredging and shoreline and engineering contracts.

Get In Touch

We welcome the opportunity to partner with you on all your legal needs. Our Reston, Virginia, office is open from 8:00 a.m. to 6:00 p.m., Monday through Friday. You’ll find direct-dial phone numbers for individual attorneys on their profile pages, or click below to fill out a contact form to request an appointment.

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