Tyson Arbuthnot
David E. Aron
Gayle M. Athanacio
Stephen L. Bacon
Merri A. Baldwin
Robert J. Breakstone
Dennis J. Callahan
Thomas H. Carlson
Jeffery M. Chiow
Alecia E. Cotton
Joshua M. Deitz
Robert C. Goodman
Lucas T. Hanback
John G. Heller
Dennis C. Huie
Suhani Kamdar
Lauren B. Kramer
S. Amber Lee
Mark J. Linderman
E. Jacob Lubarsky
James Robert Maxwell
Joseph C. McGowan
Patricia A. Meagher
Robert S. Metzger
Brian D. Miller
Alexis J. Morris
Nicholas T. Niiro
Roland Nikles
Neil H. O'Donnell
Dean D. Paik
Sharon Ongerth Rossi
Aaron M. Scolari
Aaron P. Silberman
Katherine M. Svinarich
Renée D. Wasserman
Alan J. Wilhelmy
Paul M. Zieff

Aaron P. Silberman
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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 and teaming, cybersecurity, 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 is an officer of the ABA Public Contract Law Section: He has served as Secretary in 2014-15, Vice Chair in 2015-16, and Chair Elect in 2016-17, and will serve as Chair in 2017-18. (He is a former member of the Section Council and a past chair of its Federal Procurement, State & Local Procurement, and Construction Divisions and of its Procurement Fraud and Strategic Alliances, Teaming and Subcontracting Committees.) He is immediate past chair of the Publication Committee of the ABA Forum on Construction Law and is a past member of the Governing Committee and past chair of its Specialty Trade Contractors & Suppliers Division. He is a member and past 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 is immediate past chair of the Leadership Council of the San Francisco Bar Association’s Justice & Diversity Center.

Selected Representations

Successful bid protest of award to non-responsive bidder by State of California of a major integrated IT system procurement

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

Successful defense against in bid protest of local transit agency award and related Federal Transit Administration pre-award audit re Buy America compliance

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

Prepare company government business policies, and review and revise existing policies, to ensure compliance with federal contracting 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 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


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

B.A., University of Michigan
With Honors

Bar Admissions
District of Columbia

Government Contracts

Recent Publications and Public Speaking

State and Local Construction Projects: An Attorney's Handbook (PDF author bios and table of contents), ABA Publishing, 2017, Chapter 11 “Subcontracting on State and Local Public Projects”

Cybersecurity Threats and Requirements for Construction Contracts, Speaker, 2016 Construction Superconference , Dec. 7, 2016

"Enforceability of Teaming Agreements," Webinar, ABA Forum on Construction Law’s Subcontractors and Suppliers Division, Nov. 16, 2016

"Terminations of Government Contracts," two-day Federal Publications course, Arlington VA, Nov. 14-15, 2016 (co-presented)

Considerations for canceling state, local agency contracts, San Francisco Daily Journal, Nov. 7,  2016

"The Bidding Process: The Construction Contract,” Speaker, ABA Forum on Construction Law 2016 meeting, Nov. 4, 2016

Guide to Fixed-Price Supply Subcontract Terms and Conditions, Fifth Edition, ABA Publishing, 2016, (co-authored) (ABA Webstore)

"Terminations of Government Contracts,” a comprehensive, two-day Federal Publications course, Seattle, WA, June 16-17, 2016 (co-presented)

How State and Local Public Agencies May (or May Not) Terminate Construction Contracts, The Construction Lawyer, Spring  2016 (PDF)

State & Local: Square Peg, Round Hole: Bid Protests in Nontraditional Construction Procurement, The Procurement Lawyer, Winter 2016 (PDF)

"Terminations of Government Contracts," Government Contracts Year In Review Conference, Feb. 18, 2016 (co-presented)

Our Job Was Just Stolen by a Bidding Bandit! Bidding Errors, Bid Protests and Bidding Litigation, ABA Forum on Construction Law, Mid-Winter Program, Jan. 21, 2016 (co-presented)

Lease-Leaseback Agreements, Project Delivery Systems Division, ABA, Dec. 15, 2015

"Terminations of Government Contracts," 2-day Federal Publications Seminars course, Nov. 10-11, 2015

Fraud and Contract Disputes Act Claims and Terminations, Federal Publications 2015 Government Contracts Review & Outlook – West Coast , Nov. 5, 2015 (co-presented)

"ADR in Federal Government Construction," Public Contract Law Section Construction Division, ABA Annual Meeting, July 31, 2015

"Ethical Issues for the Construction Lawyer: Nailing Down Your Obligations and Not Screwing Up," Webinar, Associated General Contractors (AGC), March 18, 2015 (co-presented)

Litigation Strategies for Gov. Contracts, 2015 ed.: Leading Lawyers on Understanding the False Claims Act, Filing Bid Protests, and Working with Gov. Agencies (Inside the Minds), Thompson Reuters, 2014 (opening ch., titled “Gov. Contracts Litigation in 2014 and Beyond: More Protests and Enforcement Actions, Fewer but Better Claims, and ADR Early and Often”) Thompson Reuters

“Enforcement of Procurement Fraud: Defense Contracting and Other Procurements,” CLE International’s 2nd Annual Conference, False Claims Act: Practitioner Perspectives, San Francisco, CA, Oct. 28, 2014

State False Claims Acts: A Practitioner's Guide to the False Claims Acts of the Various States, ABA Publishing, 2014 (co-authored) the ABA Webstore.

“When Can a Contractor Use Funds Earned by a Subcontractor on One Project to Pay the Subcontractor’s Debts on Another Project?,” AGC California Legal Retreat, Carmel Valley, CA, Sept. 21, 2014

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

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

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

More Publications

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