Washington D.C.
Two Lafayette Centre
1133 21st Street, N.W.
Suite 500
Washington, D.C. 20036
tel. +1 202.293.8815
fax +1 202.293.7994

mberry@pecklaw.com
Mark Berry is a partner in the firm’s Washington, D.C. office. His practice is devoted to advising and representing owners, contractors and construction managers in virtually all phases of both the public and private sectors of the construction industry. Mr. Berry’s extensive experience includes assessing appropriate risk management and contract delivery methods, drafting and negotiation of construction contract documents, advising project participants during contract administration in connection with risk avoidance, change orders, claims, and related project issues, and representing contractors and construction managers in complex construction litigation.  He regularly practices before numerous federal and state courts and boards of contract appeals, as well as the Court of Federal Claims.  Mr. Berry also regularly counsels and represents clients in various alternative dispute resolution proceedings, including mediation, mini-trials and arbitration.

Throughout his career, Mr. Berry defending and prosecuting claims exceeding $100 Million in value on a broad range of domestic and international projects.  Representative projects include  a 315MW oil-fired power generation facility in Virginia;  a design-build project for a wafer fabrication facility in Colorado,  water/wastewater treatment plants and pollution control facilities throughout the east coast; commercial office, institutional and industrial buildings; rehabilitation of the Aswan High Dam; major bridge construction and rehabilitation projects throughout the Mid-Atlantic,  a deep foundation steel mill in Indiana; an airport terminal upgrade and expansion project at Ronald Reagan National Airport in Washington, D.C.; and the engineering, procurement, and construction of a chemical processing plant in Malaysia.

Utilizing alternative dispute resolution procedures such as arbitration, mediation and mini-trials, as well as traditional litigation, Mr. Berry has successfully represented his clients, recovering millions of dollars in disputed contract balances, changes and extras, defective work, damages for delay, acceleration and inefficiency, and termination damages.

Mr. Berry has authored and co-authored several books, treatise chapters and articles in industry publications, and is a frequent lecturer on significant issues facing the construction industry.  His publications include: "Design Build: Staying Ahead of the Curve," Airport Magazine, November/December 2003;"Construction Scheduling," Construction Law Handbook, Aspen Law & Business, 1999, Chapter co-author; Construction Management: Law and Practice, John Wiley & Sons, 1995, co-author; “Virginia: Source Book on Construction Contracting by State and Local Government," Public Construction Law Source Book, CCH, Inc., co-author and “The Scheduling Expert: A Primer On Preparing Direct and Cross,” The Construction Layer,  Vol. 15, Number 2., April 1995, co-author.

Mr. Berry’s speaking engagements include “CMs Liability for Jobsite Safety” CMAA TalkLive! Webinar, November, 2005;"Construction Manager's Liability for Economic Losses," Construction Management Association of America, Denver, CO, July 2005; "Legal Strategies for Successful Design-Build Projects," American Association of Airport Executives,  Design and Construction Symposium, February 2004; "The Latest Legal Perspective on Construction Management Contracts," Construction Management Association of America, Spring Conference, Boston, MA, 2004 and  "Patriot Act Implications for Airport Construction and Information Disclosure," Annual Conference, American Association of Airport Executives, April 2002.

Mr. Berry received his Bachelor of Arts degree in Government & Politics from the University of Maryland and earned his Juris Doctor degree from The National Law Center, George Washington University.  He is admitted to practice law in state and federal courts in Virginia and Maryland and is a member of their respective bar associations. He also is a member and frequent speaker before the American Association of Airport Executives, the Construction Management Association of America and the Associated General Contractors of America.