Fred A. Mendicino

Profile

Fred Mendicino leads the firm’s construction and surety practice. He has extensive experience in the litigation of private and public construction and surety disputes. He has been lead trial counsel in dozens of successful proceedings before federal and state courts, boards of contract appeals, and construction arbitration panels.

Fred has represented surety and construction clients on a wide variety of projects and disputes throughout the country, from straightforward subcontractor issues to complex, multi-party litigation. He has experience handling project issues across a broad range of construction disciplines including:

• Demolition
• Sitework
• Drywall
• Electrical
• Mechanical
• Plumbing
• Roofing
• Fenestration
• Industrial coatings
• Structural steel
• Concrete
• Roadway paving

In addition to litigation, arbitration, mediation, and appellate work, his practice includes claim preparation and defense, contract preparation and negotiation, project counseling, surety “work-out” arrangements, and assisting clients with project record-keeping and disputes avoidance.

Fred also regularly lectures before trade association groups and surety clients.

Lectures

• Recent Changes in Public and Private Construction Law (NECA 1996)
• Protecting the Surety’s Rights to Contract Balances from the IRS (F&D Second Annual Claims Seminar 1996)
• Preserving, Proving and Pricing Construction Claims (NECA 1997, MWRTBA 1997, Keystone Contractor’s Association 1997)
• Getting Paid for Labor Productivity Losses (NECA 1998)
• Getting What You Need and Keeping It: A Primer on Subcontract Negotiation and Administration (ECAC 1999)
• Taking ADR Seriously (NECA 2000)
• Pre-Bid Risk Assessment (NECA 2001)
• Surety Case Study (USSC Claims Seminar 2004, 2006)
• The Engine That Drives the Project (DBIA National Convention 2005)
• Contracts and Contract Documents (NECA Project Management Training Seminar 2006- present)
• Navigating the Subcontracting Minefield- Understanding and Responding to Current Risk-Shifting Strategies (NECA 2008)
• All Bonds are not Created Equal: Performance Bond Sureties’ Rights (USSC Claims Seminar 2010)
• Averting the Need for a “Subcontractor Bailout” (NECA 2011)
• Eight Project Management Blunders (NECA 2010)
• Accidental Waiver of Claims (USSC Claims Seminar 2012)
• Releases: The Good, the Bad, and the Ugly (NECA 2013)
• Claims on Federal Construction Project: Playing by the Government’s Rules (USSC Claims Seminar 2014)
• Effective Project Documentation in the Modern Contracting Environment (NECA 2019)
• The Daily Grind: Using Daily Reporting to Enhance Project Performance and Profitability (NECA 2020)
• Preserving Claims Rights: Making the Most of Project Management Tools (MCA 2020)
• Labor Productivity Claims: Preservation, Management, and Recovery (MCA 2021)