Tyson Arbuthnot
Gayle M. Athanacio
Merri A. Baldwin
Ann M. Blessing
Robert J. Breakstone
Dennis J. Callahan
Thomas H. Carlson
Walter S. Chen
Jeffery M. Chiow
Robert C. Goodman
Lucas T. Hanback
John G. Heller
Dennis C. Huie
Suhani Kamdar
Lauren B. Kramer
S. Amber Lee
Mark J. Linderman
James Robert Maxwell
Joseph C. McGowan
Patricia A. Meagher
Robert S. Metzger
Alexis J. Morris
Roland Nikles
Neil H. O'Donnell
Robert M. Osier
Dean D. Paik
Katherine L. Pohl
Sharon Ongerth Rossi
D. Kevin Shipp
Aaron P. Silberman
Renée D. Wasserman
Alan J. Wilhelmy
Virginia K. Young
Oliya S. Zamaray
Paul M. Zieff


Aaron P. Silberman
Shareholder
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Areas of Practice

Mr. Silberman is a member of the firm’s Construction and Government Contracts Practice Groups.

Professional Qualifications

Mr. Silberman has specialized in construction and public contracts advice and litigation since 1992. He has represented contractors, subcontractors, suppliers and design professionals in the construction, defense, technology, telecom and service industries. His experience includes contracts for federal, state and local public entities and for private, commercial projects. He has helped clients evaluate, negotiate and draft solicitations, clarification questions, proposals and bids; negotiated and evaluated proposed contract terms; litigated bid protests of public contract awards; investigated and litigated claims for delay, disruption, payment, defects, and fraud or false claims; and advised clients and litigated disputes in connection with contract terminations, suspension and debarment, bond requirements, payment issues, and disabled access issues.

Mr. Silberman has spoken and published articles on a wide variety of construction and government contracts law subjects, including false claims, terminations, bid protests, subcontracting, Building Information Modeling (BIM), green building, Energy Savings Performance Contracts, IT procurements, abandonment/cardinal change claims, disabled access, and licensing.

Mr. Silberman is a leader in several prominent construction and government contracts organizations. He co-chairs the ABA Public Contract Law Section’s Federal Procurement Division and its State & Local Procurement Division (and is a former member of the Section Council and a past chair of its Construction Division and Procurement Fraud and Strategic Alliances, Teaming and Subcontracting Committees). He chairs the Publication Committee of the ABA Forum on the Construction Industry (and is a past member of the Governing Committee and past chair of its Specialty Trade Contractors & Suppliers Division). He is the chair of the Board of Directors of the Bay Area District of AGC-California, is a former chair of the AGC-C's Legal Advisory Committee and is a former member of its Executive Committee.

Mr. Silberman has also advised clients and handled litigation of environmental, employment and commercial law issues, and serves on the Leadership Council of the San Francisco Bar Association’s Justice & Diversity Center.

Selected Representations

Solicitation evaluation, bid protest evaluation and prosecution, and court challenges of awards in multiple state and local procurements, including recent successful bid protest of award to non-responsive bidder by State of California of a major integrated IT system procurement

Prosecution of claims and defense of counterclaims for contractors in an arbitration and two multi-party federal court litigations, regarding major power, water treatment, and ethanol plant construction projects

Successful mediation and settlement of multiple litigations and appeals for major specialty subcontractors on public school construction projects

Counseling Federal 8(a) construction contractor regarding numerous subcontractor issues and flow down requirements

Jury trial and successful settlement for prime contractor of litigation claims by major subcontractor challenging its termination on a major State of Colorado integrated IT system procurement

Trial and successful mediation of federal latent defects case for major infrastructure contractor and supplier, including several reported decisions on warranty of specifications, final acceptance and other issues

Investigation, litigation defense and successful mediation of two related federal false claims and retaliation claims by qui tam relators against a major defense contractor

Review and revision of company government business policies to ensure compliance with federal requirements

Evaluation of TINA compliance and preparation of response to and negotiation of favorable resolution of adverse DCAA audit findings

Investigation and successful defense against allegations of violations with GSA schedule contract requirements, including most favored customer pricing

Investigation, preparation of company disclosures to federal authorities, and negotiation of favorable resolutions of false claims, export control, procurement integrity, and other violations

Successful defense of major State of California security services contract award in bid protest, administrative, and trial and appellate court proceedings

Successful prosecution and defense of numerous federal bid protests at the GAO, including recent awards of major construction, engineering, housing and services contracts

Successful prosecution of contract claims and appeals with the Boards of Contract Appeals including recent claims under major contracts for security services, software, and construction

Investigation and analysis of government contract impacts on major defense contractor’s liability for environmental contamination at several Government-Owned, Contractor-Operated facilities (GOCOs) and negotiation of consent decrees with contracting agencies and EPA

Investigation and evaluation of target companies’ federal, state and local government contracts business as part of acquiring technology company’s due diligence team

Education

J.D., University of California Los Angeles Law School, 1992
With Honors; Editor, Environmental Law Review

B.A., University of Michigan, 1989
With Honors

Bar Admissions
California - 1992
District of Columbia - 2012




Practices
Construction
Government Contracts


Recent Publications and Public Speaking

State and Local: How Public Agencies May (or May Not) Terminate Contracts, The Procurement Lawyer, Vol. 49, No. 4, Summer 2014 (PDF)

“Terminations of Government Contracts,” West Federal Publications Seminars course, Executive Conference & Training Center, June 3-4, 2014, co-presented

Construction Subcontracting: A Comprehensive Practical and Legal Guide, ABA Publishing, 2014 (co-authored) Chapter 5, “Mechanic’s Liens and Other Remedies," Chapter 9, “Terminations,” and Chapter 17, “Public Projects (Federal, State, and Local)” ABA Webstore

Hoping for Summary Judgment on California False Claims? Au Contreras, AGC California Legal Brief, Mar. 2014, (PDF) co-authored

Federal Publications Government Contracts Year In Review Conference: Terminations for Convenience, Washington, DC, Feb. 21, 2014

Infrastructure Contracting: Lighting a Fire Under Government and Industry
American Bar Association, Public Contract Law Section, Washington, DC, Dec. 13, 2013

Federal Publications Western Briefing Conference: Terminations for Convenience
Long Beach, CA, Dec. 6, 2013

Terminations of State and Local Government Contracts
A Webinar for the American Bar Association, Public Contract Law Section, State & Local Procurement Division, Sept. 27, 2013

Litigating Under the California False Claims Act: All Points of View A webinar for Law Seminars International, July 17, 2013

Construction Law 201: Insights for the Government Lawyer: Changes, Terminations and Disputes Webinar for the American Bar Association, Government and Public Sector Lawyers Division, April 16, 2013

2012 WSCA Cooperative Development Conference: Protests & Disputes: Rules, Policies & Strategies
San Diego, CA, December 6, 2012

Construction Law Program for State and Local Government Attorneys and University Counsel: Pulling Together for a Winning Strategy: "Construction Risk Allocation"
Boston, MA, October 19, 2012

California Offers Protection and San Francisco Adds New Responsibilities Under Disabled Access Laws, RJO Update: Retail Industry Trade Regulation, October 2012 (PDF) co-authored

What Contractors Need to Know About Changes to State False Claims Acts, webinar for TechAmerica, September 11, 2012 (PDF) (co-presented) materials

Contractors Should Watch Out for Big Changes Coming to the California False Claims Act, California Constructor, by AGC California, September/ October 2012 (PDF) (co-authored)

Ninth Circuit Holds That False Estimates in Federal Bids Are Actionable Under the False Claims Act, RJO Government Contracts Update, August 2012 (PDF) (co-authored)

Publications

Contact
Robert Dollar Building
311 California Street, 10th Floor
San Francisco, CA 94104
Phone: 415.365.5339
Fax: 415.956.6457
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asilberman@rjo.com