Lawrence M. Prosen

Member

Recent News:

JD Supra Recognizes Cozen O’Connor Attorneys in 2024 Readers’ Choice Awards

Cozen O’Connor is pleased to announce that Elizabeth Olivera, Lawrence Prosen, and Frances Rayer have been selected as top authors for JD Supra’s 2024 Readers’ Choice Awards for their thought leadership on key topics during 2023. Additionally, David Adams and Scott Bettridge were recognized for authoring a top-read article on immigration.

Larry is a government contracts and construction litigation attorney. Holding a degree in architecture, Larry brings unique perspectives, insight, and knowledge to his construction clients. He assists contractors, subcontractors, owners, and architects on a wide variety of commercial and private construction projects in negotiating prime and subcontracts, tenant fit-out agreements, and project workouts with financial institutions and sureties. He also represents clients in all aspects of litigation and claims resolution in connection with commercial/nonpublic contracts/projects. In addition, Larry advises clients outside the construction industry on all aspects of government contracts matters including bid protests, claims, disputes, contract reviews and due diligence for mergers and acquisitions, internal and government investigations, and debarment and suspension proceedings. His experience includes representing contractors and subcontractors in litigation matters and contract disputes including delay, changes, impact, loss of productivity, and geotechnical/differing site condition claims. He counsels contractors on Small Business Administration (SBA) matters ranging from 8(a) formation and status protests to the Mentor-Protégé Program and the Service-Disabled Veteran-Owned (SDVO) and HUBZone small business programs. Larry has appeared frequently in proceedings before many U.S. District Courts as well as many state and local courts and agencies. He has also represented clients in many arbitrations, mediations and ADRs in both domestic and international fora. Larry sits as an arbitration neutral and mediator on the AAA’s Construction industry Panel of Neutrals and is the ABA Section on Litigation’s representative to the AAA’s National Construction Dispute Resolution Counsel. He is also a founding editor-in-chief of the American Journal of Construction Arbitration and ADR published by Juris Publications.

Larry’s national and international experience includes providing advice and representation in connection with construction and infrastructure projects on six continents and in nearly 20 countries for clients in the infrastructure, environmental, office, commercial, process and manufacturing, energy production/transmission, and real estate sectors. Those representations include government contracts disputes and private, international arbitrations. He has also represented clients across more than 30 states in federal, local, and commercial construction and government contracts matters. He represents clients before virtually all federal agencies including the Department of Defense, Department of Homeland Security, Department of State, Department of the Interior, Department of Veterans Affairs, U.S. Navy, U.S. Army Corps of Engineers, Naval Facilities Engineering Command, General Services Administration, U.S. Agency for International Development, Architect of the Capitol, and Smithsonian Institution.

In addition to construction, Larry has signification real estate experience representing developers, purchasers, and sellers on real estate transactions and development deals, providing an all-encompassing list of services including the front-end transactional work as well as the construction and renovation portion of such projects and transactions.

Larry has also negotiated and represented parties in new development and redevelopment projects throughout the greater Washington, D.C., area, including projects valued in the multiple hundreds of millions of dollars and defective construction disputes. He has acted as a mediator and arbitrator in various development disputes, as well. Larry has acted as project counsel to owners/developers on a number of high profile projects including a $27 million renovation and expansion of a major, platinum-level country club in suburban Maryland; the $40+ million expansion and addition of a private school consisting of a new facility containing theater, performing arts, music, and cafeteria facilities; expansion and renovation for the historic D.C. Jewish Community Center; and the renovation of The University Club of Washington’s hotel facilities, as well as the expansion and studio modernization of WETA, Washington’s public broadcasting television and radio stations, headquarters.

Larry has published extensively and was a member of the 2013 Law360 Government Contracts Editorial Advisory Board. He has lectured and conducted seminars for clients and associations including the Associated General Contractors at several of its national conventions, Associated Builders and Contractors of Metro Washington, American Subcontractors Association, and D.C. Metropolitan Subcontractors Association.

Larry is listed in the 2023 and the 11 years immediately preceding editions of Chambers USA: America’s Leading Lawyers for Business in the area of Construction. He was recognized in The Best Lawyers in America for Construction Law in 2019 and the five years immediately preceding and again from 2020 to 2024 for Arbitration, Construction Law, and Construction Litigation. Since 2016, Larry has been recognized as a Washington. D.C., Super Lawyer in the area of Construction Litigation by Super Lawyers magazine. He was recommended in the area of Construction Law by Legal 500 US in 2020 and the six year immediately preceding, and most recently in 2018. He was also recognized as a “Leading Lawyer” in 2018 by Legal 500 US. Larry has been recognized as a “Top Rated Lawyer” in Washington, D.C., for Construction Law by Legal Leader. He is AV Preeminent rated by Martindale-Hubbell. Larry is also a member of the Jefferson Society, an invitation only group of architect/lawyers and a founding fellow of the Construction Lawyers Society of America.

Larry earned his bachelor’s degrees from University of Maryland in history and architecture. Larry earned his law degree from Catholic University of America, Columbus School of Law. While attending law school, Larry was the lead articles editor of the CommLaw Conspectus Law Journal.

 

Experience

News

JD Supra Recognizes Cozen O’Connor Attorneys in 2024 Readers’ Choice Awards

March 27, 2024

Cozen O’Connor is pleased to announce that Elizabeth Olivera, Lawrence Prosen, and Frances Rayer have been selected as top authors for JD Supra’s 2024 Readers’ Choice Awards for their thought leadership on key topics during 2023. Additionally, David Adams and Scott Bettridge were recognized for authoring a top-read article on immigration.

4 Compliance Tips for New Davis-Bacon Rule

November 10, 2023

Lawrence Prosen was quoted in a Law360 article discussing responding to prevailing wage surveys.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Fed. Inflation Law Sows ‘Great Uncertainty’ 1 Year Later

August 16, 2023

Lawrence Prosen was quoted in a Law360 article discussing the confusion and outstanding questions about the interplay between the Davis Bacon Act and the Inflation Reduction Act.

DOL's New Wage Rule With Extra Liabilities May See Lawsuits

August 10, 2023

Lawrence Prosen was quoted in a Law360 article discussing the Davis-Bacon Act, a new U.S. Department of Labor Rulemaking that allows prevailing wages on federally funded construction projects.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

14 Cozen O'Connor Attorneys Named 2023 D.C. Super Lawyers and Rising Stars

May 30, 2023

Super Lawyers has named 14 Cozen O’Connor attorneys to its 2023 Washington D.C. Super Lawyers and Rising Stars lists.

Green Concrete Idea From Netflix’s Hit “Unstable” Has Potential

May 11, 2023

Lawrence Prosen was quoted in an article published by Law360 that discusses the environmental variables and cost pressures of carbon-capturing concrete.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

$52B CHIPS Act a Boon for Construction, but Challenges Remain

August 04, 2022

Larry Prosen was quoted in an article by Construction Dive, which discusses the CHIPS Act President Biden recently signed.

13 Cozen O'Connor Attorneys Named 2022 D.C. Super Lawyers and Rising Stars

July 12, 2022

Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Billions In Federal Spending Guided By Prevailing Wage Rules

April 22, 2022

Larry Prosen was quoted in an article published by Law360 which discusses how the infrastructure bill President Joe Biden signed into law in the fall is set to unleash hundreds of billions of dollars on roads, bridges, trains, and other construction projects.

Larry Prosen Named to Law360's 2022 Construction Editorial Advisory Board

April 07, 2022

Larry Prosen, member of the firm's Construction Law Group, has been named to Law360’s 2022 Construction Editorial Advisory Board.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

The Dotted Line: Beefing up Davis-Bacon Compliance

March 30, 2021

Larry Prosen was featured in an article published by Construction Dive, which discusses steps construction firms can take to ensure they remain compliant.

Cozen O’Connor Builds Out Washington, D.C. Construction Practice With New Shareholder Lawrence M. Prosen and Two Associates

March 01, 2021

Prosen brings a distinguished resume that includes experience in all aspects of government contracts, from regulatory compliance to claims and bid protest litigation. Joining with Prosen are two associates Benjamin L. Williams and Caitlin E. Trevillyan.

Publications

Trade in Your Hard Hat for a Safety Helmet [Alert]

January 05, 2024

Larry Prosen and Brian Doll discuss a new OSHA trade release announcing its employees will now wear safety helmets instead of hard hats while on inspection sites.

Government Shutdown Imminent: Are You Ready?

September 29, 2023

Larry Prosen discusses the critical steps needed to preserve and protect your rights before, during, and after a Government shutdown.

Court Ruling Leads to Major Change in SBA 8(a) Social Disadvantage Determination Policy [Alert]

September 01, 2023

Larry Prosen and Brian Doll discuss the changes that have come to the SBA 8(a) Business Development Program following a Federal ruling out of Tennessee.

Build America, Buy America Final Guidance Issued [Alert]

August 28, 2023

Lawrence M. Prosen and Adam R. Poliner discuss OMB's final guidance to promote American made materials in federally funded projects.

Changes Coming for Government Construction Contractors as DOL Revises Davis-Bacon Act Regulations [Alert]

August 15, 2023

Government contractors performing federal construction work should prepare for prevailing wage rates to increase as a result of the revised regulations.

SCOTUS’ Busy Term in Government Contracts and Its Implications

August 03, 2023

Lawrence Prosen and Josephine Bahn contributed the article “SCOTUS’ Busy Term in Government Contracts and Its Implications” to the Legal Intelligencer’s Construction Law Supplement.

It’s (Not) About Time - Government May Move to Dismiss FCA Suit at Any Point During its Pendency [Alert]

June 20, 2023

The Supreme Court confirmed that the Government may intervene and move to dismiss a False Claims Act lawsuit at any time during the life of the case.

Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie [Alert]

June 05, 2023

The Court has concluded that in order to bring and prove a FCA case, the government or relators must prove that the defendants knowingly committed (or intended to commit) fraud against the government.

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests [Alert]

June 01, 2023

The Federal Circuit ruled that the Blue & Gold waiver rule is a non-jurisdictional claims-processing rule.

Congress Offers Limited Monetary Relief to Certain Defense Contractors Battling Inflation [Alert]

April 10, 2023

Congress granted the DoD new authority to modify existing fixed-price contracts to compensate defense contractors for increased costs arising from inflation.

Federal Contractors May Be Blindsided by the Reach of State Sales and/or Use Taxes [Alert]

April 03, 2023

Larry Prosen and Debra Friedman discuss the Washington State Court of Appeals decision in Alstom Power Inc. v. State of Washington Department of Revenue.

Pay-If-Paid No Longer Enforceable in Virginia [Alert]

January 04, 2023

On Jan. 1, "pay-if-paid” clauses in new contracts became void and unenforceable as a result of Virginia Senate Bill 550 (“SB 550”) going into effect.

Is Your EEO-1 Report At Risk of Disclosure?

August 31, 2022

The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.

New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

May 22, 2022

Senate Bill 550 makes changes to Virginia's Prompt Payment Act and its wage theft statute that will take effect on January 1, 2023.

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

December 08, 2021

Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules

TIMES THEY KEEP A CHANGIN’ — Upcoming Changes to DoD CMMC Program and Cybersecurity Requirements

November 11, 2021

Larry Prosen discusses DoD's Advanced Notice of Proposed Rulemaking updating its existing, relatively young, CMMC model certification to a CMMC 2.0 structure.

Education

  • Catholic University - Columbus School of Law , J.D., 1997
  • University of Maryland, B.S., 1994
  • University of Maryland, B.A., 1994

Awards & Honors

Chambers USA: America’s Leading Lawyers for Business, Construction, 2011-2023

The Best Lawyers in America for Construction Law, 2014-2024

The Best Lawyers in America for Arbitration, Construction Law, and Construction Litigation, 2020-2024

Washington D.C. Super Lawyer for Construction Litigation, 2016-2023

Business Today, Top 10 Most Influential Construction Lawyers in District of Columbia 2023 

Legal 500 US Construction Law, 2014-2020

Legal 500 US Leading Lawyer, 2018

Top Rated Lawyer in Washington D.C. for Construction Law by Legal Leader, 2018

AV Preeminent, Martindale-Hubbell

Jefferson Society, Member

Finance Monthly Legal Award, 2023

JD Supra Readers’ Choice Awards, Top Author 2024

  • District of Columbia
  • Maryland
  • Virginia
  • New York
  • U.S. Supreme Court
  • U.S. District Court -- District of Columbia
  • U.S. District Court -- Maryland
  • U.S. District Court -- Colorado
  • U.S. District Court -- Northern District of Illinois
  • U.S. District Court -- Southern District of Texas
  • U.S. District Court -- Southern District of New York
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court -- Northern District of Ohio
  • U.S. Bankruptcy Court -- Eastern District of Virginia
  • U.S. District Court -- Western District of Virginia

Law360, Construction Editorial Advisory Board, Member

District of Columbia Bar Association, Member

Maryland State Bar Association, Prior Member

American Arbitration Association, Construction Panel Neutral for both Arbitration & Mediation

American Arbitration Association, National Construction Dispute Resolution Committee, ABA Section on Litigation Representative

American Arbitration Association, Arbitrator & Mediator Roster of Neutrals for Construction Disputes; Member, Dispute Resolution Board Foundation

American Subcontractors Association, Attorney’s Council, Member

American Bar Association, Forum on Construction Industry, Member

Building for Good, Inc. (B4G), Panel Member

The Builder’s Ball, General Counsel and Member; Organizing Committee, Member

District of Columbia Department of Small and Local Business Development, Member; Construction Industry Advisory Council, Past

Associated Builders and Contractors of Metro Washington, District of Columbia Legislative Committee, Past Chair

Law360, Government Contracts Editorial Advisory Board, Past Member

Washington Building Congress