Lawrence M. Prosen

Member

Recent Publication:

Pay-If-Paid No Longer Enforceable in Virginia [Alert]

On Jan. 1, "pay-if-paid” clauses in new contracts became void and unenforceable as a result of Virginia Senate Bill 550 (“SB 550”) going into effect.

Larry is a government contracts and construction litigation attorney. Holding a degree in architecture, Larry brings unique perspectives, insight, and knowledge to his construction clients. He assists contractors, subcontractors, owners, and architects on a wide variety of commercial and private construction projects in negotiating prime and subcontracts, tenant fit-out agreements, and project workouts with financial institutions and sureties. He also represents clients in all aspects of litigation and claims resolution in connection with commercial/nonpublic contracts/projects. In addition, Larry advises clients outside the construction industry on all aspects of government contracts matters including bid protests, claims, disputes, contract reviews and due diligence for mergers and acquisitions, internal and government investigations, and debarment and suspension proceedings. His experience includes representing contractors and subcontractors in litigation matters and contract disputes including delay, changes, impact, loss of productivity, and geotechnical/differing site condition claims. He counsels contractors on Small Business Administration (SBA) matters ranging from 8(a) formation and status protests to the Mentor-Protégé Program and the Service-Disabled Veteran-Owned (SDVO) and HUBZone small business programs. Larry has appeared frequently in proceedings before many U.S. District Courts as well as many state and local courts and agencies. He has also represented clients in many arbitrations, mediations and ADRs in both domestic and international fora. Larry sits as an arbitration neutral and mediator on the AAA’s Construction industry Panel of Neutrals and is the ABA Section on Litigation’s representative to the AAA’s National Construction Dispute Resolution Counsel. He is also a founding editor-in-chief of the American Journal of Construction Arbitration and ADR published by Juris Publications.

Larry’s national and international experience includes providing advice and representation in connection with construction and infrastructure projects on six continents and in nearly 20 countries for clients in the infrastructure, environmental, office, commercial, process and manufacturing, energy production/transmission, and real estate sectors. Those representations include government contracts disputes and private, international arbitrations. He has also represented clients across more than 30 states in federal, local, and commercial construction and government contracts matters. He represents clients before virtually all federal agencies including the Department of Defense, Department of Homeland Security, Department of State, Department of the Interior, Department of Veterans Affairs, U.S. Navy, U.S. Army Corps of Engineers, Naval Facilities Engineering Command, General Services Administration, U.S. Agency for International Development, Architect of the Capitol, and Smithsonian Institution.

In addition to construction, Larry has signification real estate experience representing developers, purchasers, and sellers on real estate transactions and development deals, providing an all-encompassing list of services including the front-end transactional work as well as the construction and renovation portion of such projects and transactions.

Larry has also negotiated and represented parties in new development and redevelopment projects throughout the greater Washington, D.C., area, including projects valued in the multiple hundreds of millions of dollars and defective construction disputes. He has acted as a mediator and arbitrator in various development disputes, as well. Larry has acted as project counsel to owners/developers on a number of high profile projects including a $27 million renovation and expansion of a major, platinum-level country club in suburban Maryland; the $40+ million expansion and addition of a private school consisting of a new facility containing theater, performing arts, music, and cafeteria facilities; expansion and renovation for the historic D.C. Jewish Community Center; and the renovation of The University Club of Washington’s hotel facilities, as well as the expansion and studio modernization of WETA, Washington’s public broadcasting television and radio stations, headquarters.

Larry has published extensively and was a member of the 2013 Law360 Government Contracts Editorial Advisory Board. He has lectured and conducted seminars for clients and associations including the Associated General Contractors at several of its national conventions, Associated Builders and Contractors of Metro Washington, American Subcontractors Association, and D.C. Metropolitan Subcontractors Association.

Larry is listed in the 2022 and the 10 years immediately preceding editions of Chambers USA: America’s Leading Lawyers for Business in the area of Construction. He was recognized in The Best Lawyers in America for Construction Law in 2019 and the five years immediately preceding and again in 2020 and 2021 for Arbitration, Construction Law, and Construction Litigation. Since 2016, Larry has been recognized as a Washington. D.C., Super Lawyer in the area of Construction Litigation by Super Lawyers magazine. He was recommended in the area of Construction Law by Legal 500 US in 2020 and the six year immediately preceding, and most recently in 2018. He was also recognized as a “Leading Lawyer” in 2018 by Legal 500 US. Larry has been recognized as a “Top Rated Lawyer” in Washington, D.C., for Construction Law by Legal Leader. He is AV Preeminent rated by Martindale-Hubbell. Larry is also a member of the Jefferson Society, an invitation only group of architect/lawyers and a founding fellow of the Construction Lawyers Society of America.

Larry earned his bachelor’s degrees from University of Maryland in history and architecture. Larry earned his law degree from Catholic University of America, Columbus School of Law. While attending law school, Larry was the lead articles editor of the CommLaw Conspectus Law Journal.

 

Experience

News

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

$52B CHIPS Act a Boon for Construction, but Challenges Remain

August 04, 2022

Larry Prosen was quoted in an article by Construction Dive, which discusses the CHIPS Act President Biden recently signed.

13 Cozen O'Connor Attorneys Named 2022 D.C. Super Lawyers and Rising Stars

July 12, 2022

Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Billions In Federal Spending Guided By Prevailing Wage Rules

April 22, 2022

Larry Prosen was quoted in an article published by Law360 which discusses how the infrastructure bill President Joe Biden signed into law in the fall is set to unleash hundreds of billions of dollars on roads, bridges, trains, and other construction projects.

Larry Prosen Named to Law360's 2022 Construction Editorial Advisory Board

April 07, 2022

Larry Prosen, member of the firm's Construction Law Group, has been named to Law360’s 2022 Construction Editorial Advisory Board.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

The Dotted Line: Beefing up Davis-Bacon Compliance

March 30, 2021

Larry Prosen was featured in an article published by Construction Dive, which discusses steps construction firms can take to ensure they remain compliant.

Cozen O’Connor Builds Out Washington, D.C. Construction Practice With New Shareholder Lawrence M. Prosen and Two Associates

March 01, 2021

Prosen brings a distinguished resume that includes experience in all aspects of government contracts, from regulatory compliance to claims and bid protest litigation. Joining with Prosen are two associates Benjamin L. Williams and Caitlin E. Trevillyan.

Publications

Pay-If-Paid No Longer Enforceable in Virginia [Alert]

January 04, 2023

On Jan. 1, "pay-if-paid” clauses in new contracts became void and unenforceable as a result of Virginia Senate Bill 550 (“SB 550”) going into effect.

Is Your EEO-1 Report At Risk of Disclosure?

August 31, 2022

The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.

New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

May 22, 2022

Senate Bill 550 makes changes to Virginia's Prompt Payment Act and its wage theft statute that will take effect on January 1, 2023.

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

December 08, 2021

Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules

TIMES THEY KEEP A CHANGIN’ — Upcoming Changes to DoD CMMC Program and Cybersecurity Requirements

November 11, 2021

Larry Prosen discusses DoD's Advanced Notice of Proposed Rulemaking updating its existing, relatively young, CMMC model certification to a CMMC 2.0 structure.

Education

  • Catholic University - Columbus School of Law , J.D., 1997
  • University of Maryland, B.S., 1994
  • University of Maryland, B.A., 1994

Awards & Honors

Chambers USA: America’s Leading Lawyers for Business, Construction, 2011-2022

The Best Lawyers in America for Construction Law, 2014-2023

The Best Lawyers in America for Arbitration, Construction Law, and Construction Litigation, 2020-2023

Washington D.C. Super Lawyer for Construction Litigation, 2016-2022

Legal 500 US Construction Law, 2014-2020

Legal 500 US Leading Lawyer, 2018

Top Rated Lawyer in Washington D.C. for Construction Law by Legal Leader, 2018

AV Preeminent, Martindale-Hubbell

Jefferson Society, Member

 

  • District of Columbia
  • Maryland
  • Virginia
  • New York
  • U.S. District Court -- District of Columbia
  • U.S. District Court -- Maryland
  • U.S. District Court -- Colorado
  • U.S. District Court -- Northern District of Illinois
  • U.S. District Court -- Southern District of Texas
  • U.S. District Court -- Southern District of New York
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court -- Northern District of Ohio
  • U.S. Bankruptcy Court -- Eastern District of Virginia
  • U.S. District Court -- Western District of Virginia

Law360, Construction Editorial Advisory Board, Member

District of Columbia Bar Association, Member

Maryland State Bar Association, Prior Member

American Arbitration Association, Construction Panel Neutral for both Arbitration & Mediation

American Arbitration Association, National Construction Dispute Resolution Committee, ABA Section on Litigation Representative

American Subcontractors Association, Attorney’s Council, Member

American Bar Association, Forum on Construction Industry, Member

Building for Good, Inc. (B4G), Panel Member

The Builder’s Ball, General Counsel and Member; Organizing Committee, Member

District of Columbia Department of Small and Local Business Development, Member; Construction Industry Advisory Council, Past

Associated Builders and Contracts of Metro Washington, District of Columbia Legislative Committee, Past Chair

Law360, Government Contracts Editorial Advisory Board, Past Member