Jessica V. Haire
Jessica is a partner in the firm’s Government Contracts practice group. She represents clients in all aspects of government contracts and construction projects from negotiation of teaming agreements and subcontracts to claim litigation, negotiations and debarment proceedings. She focuses her practice on handling contract negotiations as well as federal and state claims litigation for changes, differing site conditions, delay damages, time extensions, defective specifications, cumulative impacts, and numerous federal government contracts issues under the Federal Acquisition Regulation and relevant statutes. She regularly represents clients in various courts and boards of contract appeals including the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and the Maryland State Board of Contract Appeals (MSBCA). She also handles bid protests, size protests, and various construction transaction and project advice matters.
After achieving her degree in civil engineering from George Washington University, Jessica worked as a project engineer, completing storm water and sanitary sewer design, grading plans, erosion and sediment control plans and pavement design. Following law school, she litigated cases across the United States and around the world.
Examples of Jessica’s experience include:
- Successfully defeated the city’s motion to dismiss, differentiating between cumulative impact claims and individual claims for damages and delay for purposes of administrative remedies, and discussing the Spearin Doctrine for contractors as protection against defective plans and specifications.
- Successful demurrer to allegation of conspiracy and successful motion to set aside consequential damages with respect to tortious interference claim.
- Successful petition to compel arbitration and subsequent representation in the breach of contract arbitration on a public private partnership in Norfolk, Virginia.
- Successfully defended Governor Hogan's power of delegate vacancy appointment at the Court of Appeals (highest court in Maryland), discussing the procedure and four-part standard for temporary restraining orders in Maryland.
- Successfully defeated demurrer to fraud allegation on a breach of contract claim for damages and delay on two sister schools in Loudon County, Virginia.
- Successful litigation on behalf of the general contractor and surety against three subcontractors, including a termination for default dispute and multiple bond claims on a federal project in Annapolis, Maryland.
- Successfully defeated a temporary restraining order in Maryland seeking to remove a local candidate’s name from the November 2020 ballot.
- Successful negotiation of construction contracts for development of nursing home facilities.
- Successful representation of a municipality in Maryland defending against a contractor claim on a water treatment plant.
- Successful litigation on behalf of general contractor for a federal contract claim for changes and differing site conditions on a military base in Qatar.
- Successful litigation against Maryland State Highway Administration in contract claim for changes for a highway overpass rehabilitation project.
- "OMB Issues New Buy America Guidance for Federal Infrastructure Projects," Thompson Hine Government Contracts Update, May 2022
- “Final Rule Amends Federal Acquisition Regulation Part 25 Content Threshold Under Buy American Act: Important Considerations for Companies Providing Products to the Federal Government,” Thompson Hine Business Law Update, Spring 2022
- "SBA Revises Small Business Size Standards for 229 Industries," Thompson Hine Government Contracts Update, April 2022
- "Out With DUNS, In With UEI: New Unique Entity Identifier Is Here," Thompson Hine Government Contracts Update, April 2022
- "Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act," Thompson Hine Government Contracts Update, March 2022
- “Update on Federal Contractor and Subcontractor Vaccine Mandate,” Thompson Hine Government Contracts Update, February 2022
- "Federal Court Enjoins Enforcement of Federal Contractor Vaccination Mandate in Ohio, Kentucky and Tennessee," Thompson Hine Government Contracts Update, December 2021
- “FAR Council and Agencies Publish Class Deviation Clauses and Instructions to Implement EO 14042 Vaccine Requirements,” Thompson Hine Government Contracts Update, October 2021
- "Threat of Another Government Shutdown: What Contractors Need to Know and Do Now," Thompson Hine Government Contracts Update, September 27, 2021
- “President Biden Signs Executive Order to Promote Competition in the U.S. Economy,” Thompson Hine Government Contracts Update, July 2021
- "The American Rescue Plan Act: Funding Provisions for Government, Pandemic Response, Health Care, Infrastructure, Transportation, Science and Technology, and Oversight," Thompson Hine COVID-19 Update, March 2021
- “Risk Allocation and Liability Prevention in Green Building,” April 2011
- “Allowable User Fee or Unconstitutional Tax? The Terms of the Elizabeth River Crossing Public Private Partnership,” October 2013
- “Mind the Gap! – A Potential Carve-Out in the Strict Notice Requirements under the Virginia Public Procurement Act,” April 2015
- "Get Paid: Collecting Payment on Government Construction Projects," Dayton Human Relations Council, Subcontractor Meeting, June 2021
- "Government Contracts Under the Biden Administration," Thompson Hine Webinar, March 9, 2021
- Listed in The Legal 500, 2022
- Selected to the Washington, D.C. Rising Stars list, 2016-2019
- Maryland Anne Arundel County Council District 7, elected official, 2018-2022
- Vice Chair, ABA Young Lawyers Public Contract Law Committee
- Member, National Association of Counties Community, Economic and Workforce Development Steering Committee
- Anne Arundel CASA for Children Volunteer 2017-present
January 27, 2021