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, transportation, technology, disaster relief, 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, performance evaluations, 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 a past chair of the ABA Public Contract Law Section. (He is also 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 a past member of the ABA Forum on Construction Law’s 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 Bridges 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 a past chair of the Leadership Council of the San Francisco Bar Association’s Justice & Diversity Center.

Selected Representations

Counsel for train control systems subcontractor in $100+ million PTC litigation (10-week bench trial) and electrification dispute and subcontract change order negotiations

Counsel in $100+ million litigation over BART extension project, representing technology supplier and subcontractor

Public contracting counsel for multi-billion dollar quasi-public entertainment complex development

Co-counsel for major systems subcontractor on successful arbitration against prime contractor and mediation with electrical subcontractor, both for Honolulu lightrail project

Successful contract claims and bid protests by small general contractor on numerous public works projects for Bay Area local government agencies

Achieved directed verdict for services contractor in jury trial over claims under State security analysis contract

Obtained for small business U.S. government R&D contractor dismissal of federal false claims whistleblower lawsuit in District Court and defeated appeal in Ninth Circuit

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

Education

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

B.A., University of Michigan
With Honors

Bar Admissions

California
District of Columbia