Email: [email protected]
Phone: (717) 556-1075
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Jeffrey C. Bright, Esq.
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Jeffrey C. Bright, Esq. has a multi-state construction practice and is licensed in Pennsylvania, Maryland, and California. He provides counsel on construction contracts, project disputes, litigation, employment law, and real estate development. Typical clients include contractors, subcontractors, construction managers, owners, developers, and design professionals. Jeff brings more than a decade of legal experience servicing the construction industry with sophisticated, solutions-oriented advice that is tailored to meet the risk allocation needs of the client and project.
Jeff routinely assists clients on redlining and negotiating construction contracts and has advised on hundreds of contract documents and negotiations. He prioritizes timely, practical advice to assist clients in closing deals. Jeff has guided clients on various project delivery methods, including traditional design-bid-build, design-build, multi-prime, delegated design, CM as advisor and CM at risk, integrated project delivery, joint ventures, and pricing methods such as cost-plus fee with GMP and modified, custom hybrid approaches such as cost-plus fee in combination with select stipulated price items. Jeff also advises clients on custom contract templates for standard terms and conditions. He has advised large, multi-state regional contractors and subcontractors regarding their standard contract documents and state specific modifications.
Experience navigating project disputes and claims
In addition to negotiating construction contract documents, Jeff advises clients on project claims and disputes. He has litigated numerous cases in federal and state courts, including disputes in front of administrative agencies, such as the Board of Claims. He utilizes arbitration, alternative dispute procedures, and alternative fee arrangements when cost-efficient. Jeff has advised clients on a wide spectrum of disputes ranging from multi-million-dollar complex multi-party claims, to practical solutions to reduce risk on projects. He is experienced with all types of construction disputes, including:
- Breach of contract
- Mechanics’ lien claims
- Construction defect claims
- Change order, differing site condition, and scope disputes
- Negligent design, and errors and omission claims
- Payment bond and performance bond claims
- Liquidated damages claims
- Time impact, delay, disruption, lost productivity, and acceleration claims
- Claims on public projects under the Board of Claims’ jurisdiction
- Claims under statutory prompt payment acts.
- Insurance coverage and indemnity litigation
Partnering with construction clients to guide them towards success
Jeff regularly collaborates with Saxton & Stump’s attorneys to advise construction companies on their related business needs in the fields of corporate law, real estate and zoning law, tax law, executive benefits law, transportation law, and employment law. Jeff and Saxton & Stump’s team advise clients as they grow into new markets with new compliance regulations, including implementing affirmative action plans for federal contracting. They also advise and prepare handbooks and policies to comply with everchanging laws, government regulation, health and safety protocols, and multi-state regulations. Jeff litigates and guides employers on issues including non-compete covenants, misappropriation of trade secrets, EEOC complaints, and charges of discrimination or wrongful termination. Jeff also advises clients on union issues, unfair labor practices, and secondary boycott disputes. Jeff and Saxton & Stump’s team collaborate to counsel clients on real estate issues pertaining to mortgages, title, easements, real estate transactions, condominium and HOA matters, condemnation and eminent domain, landlord-tenant matters, subdivisions, zoning, deed preparation, and other issues that arise in land development and ownership of real property.
Prior to joining Saxton & Stump, Jeff founded Bright Law Firm PLLC, a boutique firm in Lancaster, PA focused exclusively on the construction industry.
Relevant Experience
Construction Projects
Advised and counseled design-builder on design-consultant subcontract terms, conditions, and negotiations for construction of $90M+ downtown 20-story mixed-use high rise, including 140+ apartments, and indoor/outdoor amenities
Prepared front end contract documents, including prime contract, general conditions, and supplemental conditions, for $70M+ construction of county courthouse, and advised contracting entity on bidding, awarding, and sole-source procurement
Advised and counseled contractor on $16M+ mutual termination for convenience on deduct to $66M project and negotiated close out on subcontractor packages
Advised and guided subcontractors and design professionals through growth into emerging markets of federal construction contracts, including drafting of Affirmative Action Plans, EEOC policies, and regulatory compliance
Drafted standard term contracts and subcontract agreements for regional contractors and subcontractors, including stipulated sum contracts, cost plus fee with GMP contracts, master contract agreements, and nested contracts for various delivery methods of design-bid-build; design-build; and construction manager
Timely advised and counseled contractors, subcontractors, and owners on negotiating terms and conditions on hundreds of construction contracts
Advised and counseled construction companies on licensing and compliance for expanding business and integrating related fields of design, engineering, architecture, and material supply chains, including multi-state licensing issues
Litigation and Disputes
Represented construction manager at risk in successful negotiation and settlement of combined $2M+ delay claims arising from design error on large mixed-use public project, involving complicated time impact claims from precast concrete fabricator, redesign costs, extended general conditions, and indirect unabsorbed home office costs
Advised and counseled contractor on negotiated termination of trade contractor on $3M+ scope for large senior living facility project
Represented prime contractor on $450K+ disruption and lost productivity claim against Pennsylvania State System of Higher Education (PSSHE)
Represented design-builder in partial negotiated settlement, and subsequent arbitration and litigation of $2.5M dispute against owner and design professional arising from exterior envelope, interior framing, and allegations of nonconforming work
Represented concrete subcontractor in obtaining successful arbitration award defeating pay-if-paid clause to recover retainage on project where prime contractor was not paid by owner
Represented HVAC damper, actuator, and airflow control subcontractor in successful full recovery of bond claim on public project
Represented framing and drywall subcontractor in reaching efficient settlement on $450K+ claim arising from six-story multifamily and luxury apartment project in Washington, D.C.
Obtained successful defense verdict in favor of site contractor on bench trial of alleged negligence arising from broken sewer laterals located underneath commercial parking lot
Secured $155K settlement in representation of homeowner against custom builder in defective construction lawsuit
Secured $150K+ negotiated recovery on behalf of electrical contractor arising from a change order dispute, after filing dispositive motions on public project litigated in the PA Board of Claims
Negotiated and secured $270K recovery on behalf of site contractor on change order dispute arising from unsuitable soils
Litigated and reached efficient early settlement in dispute arising from sinkhole that resulted in demolition of downtown duplex building
Obtained successful defense bench trial verdict in favor of prime contractor against subcontractor, where no additional compensation was awarded for claimed $181K change order for blasting on public sewer project
Represented general contractor in mechanics’ lien claim for $8M+ against portion of shopping mall and achieved successful recovery of payment
Represented prime contractor and achieved successful dismissal of public entities’ counterclaim under Steel Products Procurement Act in state court
Negotiated and secured $300K+ entry of mechanics’ lien judgment and recovery of payment on behalf of custom home builder against owner
Secured $150K+ negotiated recovery on payment bond claim by site contractor for payment on disputed public project, where prime contractor had argued that paving work was deficient
Filed complex mechanics’ lien and obtained successful negotiated recovery of payment for site work on strip mall shopping center
Represented subcontractor and achieved successful dismissal of insurer’s declaratory judgment action in federal court arising from water intrusion claim
Defended contractor in $250K+ prevailing wage dispute with Department of Labor arising under the Davis-Bacon Act, and related defense of payment bond claims and litigation.
Litigated indemnity and additional insured coverage claims on a complex, multi-party, seven-figure dispute arising from building collapse
Litigated three-week bench trial to verdict of construction dispute in excess of $1M arising from new construction of downtown multi-story commercial property
EDUCATION
Thomas Jefferson School of Law, J.D. summa cum laude, 2009
- Editor-in-Chief of the Law Review
Franklin and Marshall College, B.A., 2004
BAR ADMISSIONS
Pennsylvania
Maryland
California
COURT ADMISSIONS
United States District Court for the Middle District of Pennsylvania
United States District Court for the Eastern District of Pennsylvania
United States District Court for the Western District of Pennsylvania
United States District Court for the District of Maryland
MEMBERSHIPS
Association of Builders and Contractors (ABC) – Keystone Chapter, Board of Directors
Associated Pennsylvania Constructors, Risk Allocation Committee Member
Building Industry Association of Lancaster County
Lancaster Building Industry Foundation, Chair
Independent Electrical Contractors (IEC), Central Pennsylvania Chapter
Independent Electrical Contractors (IEC), National Association
American Bar Association, Forum on Construction Law
ABC Central PA Chapter, Past Board Member
York City Little League, Past Board Member
American Subcontractors Association (ASA) of Baltimore
Speaking Engagements
“Recognizing Time Impacts and Claims Avoidance,” Associated Pennsylvania Constructors, November 18, 2021
“Best Practices for Risk Allocation of Structural Integrity,” ABC Keystone, October 14, 2021
“Best Practices for Handling Union Activity,” Independent Electrical Contractors (IEC), April 23, 2021
“Bankruptcy and Cash Flow in the Construction Industry,” Construction Financial Management Association (CFMA) Central PA Chapter, February 23, 2021
“The Election and Union Activity and Best Practices for Handling Union Activity on Project Sites,” ABC Keystone Contractor Peer Group, February 3, 2021
“Construction Contracts,” Working Builders Safety Committee (WBSC) Leadership Training, February 7, 2020
“Employee and Contractor Compliance Concerns and Best Practices: Don’t Trip into the Misclassification Pit,” ABC Keystone, December 11, 2019
“Negotiating Construction Contracts (and Subcontracts) and Navigating the Claims Process,” ABC Keystone, February 26, 2019
“Between the Lines: A Legal Seminar on the Do’s and Don’ts of Talking Politics and Unions in the Workplace,” ABC Keystone, ABC PA Free Enterprise Day in Harrisburg, April 8, 2019
“Superintendent Training Program (STP) – Contract Documents,” ABC Keystone, Winter 2018, Winter 2019, Fall 2020, Fall 2021
“Who Are You? Contractor Identification and Special Rules for Residential Work,” Inter-County Contractors Association, April 23, 2016
“Additional Bells & Whistles: Moneys at Stake in Construction Litigation,” Construction Financial Management Association (CFMA) Central PA Chapter, March 29, 2016
Publications
“Ask an Attorney: Part of the Team – Construction Lawyers as a Career in Construction,” ABC Keystone (October 23, 2020)
“Ask an Attorney: Who Owns the Architectural and Technical Drawings on a Construction Project,” ABC Keystone (2015)
“Unilateral Attorney’s Fees Clauses: A Proposal to Shift to the Golden Rule,” 61 Drake Law Review 85 (2012)
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