Barbara G. Werther, Construction Lawyer at Ober|Kaler (Washington, DC)

Barbara G. Werther

Principal
bwerther@ober.com
202-326-5015
202-326-5215 fax

Bar Admissions

  • District of Columbia
  • Virginia

Court Admissions

  • Armed Services Board of Contract Appeals
  • Civilian Board of Contract Appeals
  • Court of Appeals of the District of Columbia
  • Supreme Court of Virginia
  • United States Court of Federal Claims
  • United States District Court for the District of Columbia
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of Pennsylvania

Education

  • George Washington University Law School (J.D., 1978)
  • University of Pennsylvania (B.A., magna cum laude, 1975)

Barbara G. Werther

Experience

Barbara G. Werther, a principal in Ober|Kaler's Construction Group, has more than 30 years of experience in construction and government contracts law. She has represented both contractors and owners in disputes regarding substantial claims for delays, acceleration, inefficiencies, default terminations and construction catastrophes, both in the private sector and on public projects. She has also represented both sureties and contractors in performance and payment bond disputes, and has represented government contractors in False Claims Act cases. Barbara has handled construction claims for contractors in federal and state courts. She has litigated numerous claims for equitable adjustment, as well as bid protests and claims at the Boards of Contract Appeals and the Court of Federal Claims.

Barbara has lectured extensively to clients and various trade associations on the subjects of scheduling, delays, inefficiencies, changes and differing site conditions, terminations for default, and the impact of environmental statutes on contractors. She was a speaker and panel moderator at the Annual Construction Superconference from 1991-2006 on a variety of construction law topics. She hosted the first Annual Women in Construction Conference in Washington DC in 2006, featuring the most well-respected women in construction as panelists, which continues to the present.

Barbara has been recognized as one of the leading construction and government contracts attorneys in the US in the most recent editions of the Best Lawyers in America, Chambers USA, Super Lawyers and Washington DC Area's Best Lawyers. She was also a member of the team awarded the 2008 and 2010 Chambers USA Award for Excellence in Construction. Barbara was recently nominated and named a finalist for InsideCounsel's Transformative Leadership Award in the Rainmaker category.

Representative Cases View All
- Obtained the largest jury verdict ever in a commercial case in Jackson County, MS, on behalf of a subcontractor on a complex project involving the dismantling of a fertilizer manufacturing facility
- Successfully settled a nine-figure claim for alleged defective windows where plaintiff had already prevailed in one trial and sought to enforce that judgment in 38 other lawsuits
- Obtained rare summary judgment on behalf of plaintiff contractor in Eastern District of Virginia in a default termination case against a subcontractor
- Represented contractor in federal court in the District of Columbia; first and only case in which the court overturned the Navy contracting officer's non-responsibility determination and directed an award to the contractor

Professional Memberships

Community Service

  • Leukemia and Lymphoma Society, National Capital Region
    • Executive Board, 2005-present
  • Trustees' Council of Penn Women, 1984-present
  • University of Pennsylvania Lacrosse Board, 2004-present

Honoraries

Publications & Presentations [View All]
  • Co-Presenter, “Discovery in Construction Arbitration: When is "Enough" Enough?” 14th Annual Spring Conference, American Bar Association, 2012
  • Presenter, "Construction Bond and Contract Provisions," Audio Conference, Lorman Education Services, 2011  
  • Presenter, "Getting Better All the Time: Advanced Negotiation Strategies," ABA Construction Forum Midwinter Joint Meeting, 2011
  • Moderator, “Cutting Edge Techniques for Mediation of a Real Estate Dispute – The Good, the Bad and the Ugly,” Annual Convention, The Counselors of Real Estate, 2011