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Overview

“I have built my practice by representing clients throughout the construction industry. My experience advocating from every side of the table allows me to understand competing priorities, anticipate issues and decisively protect my clients’ interests.”

Dalene advises owners, developers, contractors, construction managers, subcontractors, architects, engineers, and other industry professionals on complex construction and project-related matters. Drawing on extensive experience in construction litigation and dispute resolution, she  drafts contracts and assists clients with contract negotiation, project execution, risk management, and claims arising throughout the lifecycle of a project. She works closely with clients to proactively identify and mitigate risk while providing practical guidance tailored to project demands, timelines, and business objectives. Dalene counsels clients on a wide range of commercial construction issues, including construction defects, contract disputes, premises liability matters, and property damage claims.

Dalene advocates for clients in state and federal courts in Virginia, Maryland, and the District of Columbia, as well as in arbitration proceedings before the American Arbitration Association.

Dalene has prepared articles for publication and presented webinars and in-person presentations to provide clients and construction industry professionals with insight on strategies to manage the risks inherent with providing their professional services. Examples include:

  • Risk Management Tips: Evaluating Delay Claims in the COVID-19 Era, AIA D.C. 2021, The Construction Lawyers
  • Negotiating Design Contracts, Webinar, AIA D.C. 2021
  • The Perils of Incorporation by Reference Provisions, Article 2022, AIA Potomac Valley
  • Project File Management: How to Lower Risk and Raise Profits, AIA Northern Virginia
  • Risks Associated with Construction Administration Services, Client-Specific Webinar

Prior to joining Hirschler, Dalene was a partner at Asmar, Schor & McKenna and counsel at Lee/Shoemaker PLLC.

Recognition

Washington, D.C. Super Lawyers, Construction Law, 2024 - 2026

Washington, D.C. Super Lawyers “Rising Star," Construction Law, 2019 - 2023

Recommended construction lawyer in the District of Columbia by The Construction Lawyers, 2021

Experience

Experience

Litigation / Dispute Resolution

  • Granted two mechanic’s liens by the Prince George’s County Circuit Court for Maryland on the Smith Home Farm, a mixed use project located on 757 acres of land in Prince George’s County, Maryland, recovering approximately $1 Million for two separate subcontractor clients.
  • The nominal settlement of a multi-million dollar professional negligence claim against design professional client after 7 successful days of trial in the U.S. District Court for the District of Maryland, to which the opposing side agreed to avoid the risk of a negative ruling by the court on client’s motion for judgment.
  • The successful settlement of a contentious case brought against a local contractor client in the Superior Court for the District of Columbia involving a multi-million dollar historic residence owned by highly sophisticated and educated home owners, wherein the home owners’ claims included alleged violations of the Consumer Protection Procedures Act exposing the client to treble actual damages, punitive damages and attorneys’ fees.
  • Representation and counseling of a residential developer for a project in the District of Columbia plagued by numerous infractions, fines, and stop work orders issued by the Department of Buildings due to defective work and design services performed by client’s contractors and design professionals, resulting in multiple insurance claims, and appeals in the Superior Court for the District of Columbia, Tax Division, and the Office of Administrative Hearings.
  • The successful dismissal of a claim brought in Howard County Circuit Court for Maryland by an owner against the engineer client after briefing and oral argument based on the economic loss doctrine, which prohibits breach of contract and/or negligence claims when there is no contractual privity or a special relationship between the parties.
  • The regular counseling of clients at the project-level to achieve early resolution of claims and avoid costly litigation when possible.

Contract Review / Drafting

  • The negotiation and drafting of construction project contracts for large and medium size real estate investment management and development firms.
  • The negotiation and drafting of owner/contractor agreements, owner/design professional agreements, subconsultant and subcontract agreements, and other project-related agreements.

Community

Community

Professional Affiliations

Virginia State Bar Association, Construction and Litigation Sections

Maryland State Bar Association, Construction and Litigation Sections

Washington, D.C. Women’s Bar Association

American Bar Association, Litigation Section

University Of Baltimore School of Law, J.D.

University of Baltimore, M.A., Legal and Ethical Studies

Boston University, B.S.

  • Virginia
  • District of Columbia
  • Maryland
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia
  • U.S. Bankruptcy Court for the District of Columbia
  • U.S. Bankruptcy Court for the District of Maryland
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