Fred A. Mendicino


phone: 571-434-7596

Fred specializes in the litigation of private and public construction and surety disputes and is the head of the firm's surety practice.

He has tried cases before federal and state courts, boards of contract appeals and construction arbitration panels. He has also participated in numerous mediations throughout the country.

Fred has represented surety and construction clients on a wide variety of projects ranging from co-generation power facilities to underground infrastructure installations.

In addition to litigation, arbitration and mediation, his practice includes claim preparation and defense, contract preparation and negotiation, project counseling, surety "work-out" arrangements and assisting clients with project record-keeping and disputes avoidance.

Fred also regularly lectures before trade association groups and surety clients.

Georgetown University Law Center (J.D. 1992)
Hamilton College (B.A. 1989, Magna Cum Laude, Departmental Honors)

Bar Memberships:

Admitted to practice: 1992-Commonwealth of Virginia; Also admitted before: United States Court of Appeals for the Fourth Circuit, Third Circuit and Federal Circuit; United States District Court for the Eastern and Western Districts of Virginia; United States Court of Federal Claims

Association Memberships:

American Bar Association, Construction Law; District of Columbia Bar Government Contracts and Litigation Committee (past chair on Community Outreach Section - connecting local LSDBE/MBE contractors with federal and local government contracting agencies); Washington Building Congress (past chair Legislative/Regulatory Affairs Committee)

Reported Cases:
  • Centex Construction Co. v. Acstar Ins. Co., 448 F.Supp.2d 697 (E.D. Va. 2006)
  • Fidelity and Deposit Co. of Md. v. State Dept. of Admin. Svcs., 830 A. 2d 1224 (Del. Ch. 2003)
  • "Recent Changes in Public and Private Construction Law" (NECA D.C. Chapter 1996)
  • "Protecting the Surety's Rights to Contract Balances from the IRS" (F&D Second Annual Claims Seminar 1996)
  • "Preserving, Proving and Pricing Construction Claims" (NECA D.C. Chapter 1997, MWRTBA 1997, Keystone Contractor's Association 1997)
  • "Getting Paid for Labor Productivity Losses" (NECA 1998)
  • "Getting What You Need and Keeping It: A Primer on Subcontract Negotiation and Administration" (ECAC 1999)
  • "Taking ADR Seriously" (NECA 2000)
  • "Pre-Bid Risk Assessment" (NECA 2001)
  • Surety Case Study (U.S. Surety Company Claims Seminar 2004)
  • "The Engine That Drives the Project" (DBIA National Convention 2005)
  • Surety Case Study (U.S. Surety Company Claims Seminar 2006)
  • "Contracts and Contract Documents" (NECA Project Management Training Seminar 2006)