From contract drafting and negotiations, to advice regarding contract disputes and breaches, Roddy helps clients achieve their business goals and protect their business interests.
Overview
Roddy is a solution-oriented attorney that clients count on for all of their contracting needs. Roddy works with clients across all industries, but spends much of his time assisting clients in real estate and construction, cybersecurity, and government contracts.
Roddy helps businesses draft, negotiate and close a variety of commercial transactions, including: master service agreements (MSAs), data privacy agreements, construction agreements (including solar EPCs), subcontracts, change orders, energy savings performance contracts (ESPCs), teaming and joint venture agreements, licensing agreements, commercial leases, and non-disclosure agreements (NDAs). The recent COVID-19 pandemic also resulted in an unprecedented volume of issues arising from contract force majeure and delay clauses, which he's advised clients on as they work to maintain operations.
For small and midsize businesses, Roddy engages with their internal stakeholders (executive, sales, business development, operations and finance teams) and helps develop and implement standards, systems and best practices to approach their transactions. This often includes the development and maintenance of standard agreements and contract playbooks to provide a dependable starting place for future transactions.
Roddy also counsels clients on federal, state and local procurements and other regulatory compliance issues, including: Buy American Act, FEMA grants, cybersecurity and data privacy, and small business (SBA) and socio-economic programs (WOSB, SDVOSB, 8(a), and HUBZone). Government contractors also face unique challenges when delays or changes arise in performance, or when a contract is terminated, and Roddy helps them protect their interests and recover increased costs where allowable.
When disputes arise, Roddy helps clients identify applicable risks and works to achieve the best business outcome. Roddy represents federal contractors and subcontractors in claims, appeals to the Armed Services Board of Contract Appeals (ASBCA) and the Civilian Board of Contract Appeals (CBCA), along with bid and size protests before the Government Accountability Office (GAO), Small Business Administration (SBA), and Office of Hearings and Appeals (OHA). He also represents contractors and subcontractors with mechanic's lien issues and Roddy has litigated in multiple state and federal courts, and handled arbitrations governed by the AAA, JAMS and JAG.
Experience
Roddy counseled a rapid growth cybersecurity consulting company, worked cross-functionally with the sales, business development, and finance teams to negotiate and execute data privacy agreements (DPAs), master service agreements (MSAs), statements of work, terms and conditions, non-disclosure agreements (NDAs), and commercial leases.
Roddy has served as outside general counsel and managed the legal affairs for his small and midsize clients, including: assessing risk, procurement review, drafting and negotiating master construction agreements (including EPC and Design-Build contracts), subcontracts, change orders, settlement releases, filing and defending against mechanic's liens, reviewing and advising on insurance and surety agreements, litigation and dispute resolution, and coordinating and managing the provision of other legal services for subspecialties such as: IP, employment, and securities.
He has also partnered with midsize and small business clients to develop and implement standards, systems, and best practices with regard to their contracts approach, trained and advised business teams on common contract issues and potential negotiation strategies, developed and maintained standard company agreements, and prepared contract playbooks for sales and business teams to use independently in future negotiations.
Roddy has advised several federal contractors and subcontractors on a wide range of contracting and compliance issues, including: Small Business Administration (SB, WOSB, SDVOSB, 8(a), HUBZone), affiliation, teaming agreements, joint ventures, FEMA grants, Buy American, False Claims Act, and the CMMC.
He also advised an international faith-based organization on the development of privacy forms and protocols to comply with emerging privacy regulations, including the GDPR and CCPA.
Roddy has also counseled companies, including a multinational software corporation, on novation issues arising from mergers and acquisitions, and has advised public contractors on issues relating to organizational conflicts of interest and developing effective mitigation plans.
On the disputes side, Roddy has represented numerous federal contractors before the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals, including serving as first-chair trial attorney.
Roddy has also litigated on behalf of construction companies, real estate developers, technology, and engineering companies in a wide range of contract disputes in multiple federal and state jurisdictions throughout the country.
News & Insights
News
Speaking Engagements
"The Evolving Requirements of the Section 889 Huawei Ban," NCMA Denver, November 12, 2020
"Construction Contracts and Liens," Out of State Real Estate Investors, August 19, 2020
"Small Business Contracting 101," Federal Bar Association/myLawCLE, July 16, 2020
"Navigating Master Service Agreements," ACC Colorado CLE, October 9, 2019
"Data Security & Privacy Law Update" Denver Four Seasons Hotel Denver, June 19, 2019
"Government Contract Construction Claims," Broadmoor: Industrial Coating Government Contractors, October 2017
"C’est law vie: The Paris Accord & The CPP – Where Are We Now and Where Are We Going?," Alliance Center - Colorado Renewable Energy Society, August 2017
"Legal Issues Associated with the Use of Drones in the Oil and Gas Industry," West Virginia University College of Law – Shale Gas Law, November 2016
Publications
"President Biden’s Bid to Enhance Made in America Preferences," Government Contracting Matters blog, January 28, 2021
"ASBCA revisits email 'signature' and finds typed name meets the test," Westlaw Today, November 2020
"ASBCA Revisits Email “Signature” and Finds Typed Name Meets the Test," Government Contracting Matters blog, October 9, 2020
"A Friendly Reminder…Women-Owned Small Business Self-Certification is Coming to an End Soon," Government Contracting Matters blog, September 17, 2020
"SBA Office of Inspector General Issues Management Report Advising of Fraud And Seeking Further SBA Oversight of COVID-19 Loans and Advances," Government Contracting Matters blog, August 6, 2020
"Government’s Apparent Acquiescence Doesn’t Overcome “Plain” Contract Language," Government Contracting Matters blog, April 23, 2020
"You Can’t Always Get What You Want…Unless You Actually Asked For It," Government Contracting Matters blog, March 19, 2020
"EAJA Provides Relief to Construction Contractor for Government’s Bad Actions," Government Contracting Matters blog, February 6, 2020
"You've Just Been Terminated for Convenience, Now What?," Under Construction, the American Bar Association Forum on Construction Law’s publication, December 9, 2019
"No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final Decision”," Government Contracting Matters blog, August 5, 2019
NIST Updates SP 800-171 To Enhance DoD Contractor Security Against Cyber Attack, June 6, 2019
"Multinationals—Make Sure to Comply with Personnel Representations in Your Proposals," Government Contracting Matters blog, May 28, 2019
"The Army Corps of Engineers Seeks to Use More Public-Private Partnerships," Government Contracting Matters blog, February 1, 2019
Contributor, "Legal Developments in 2016 Affecting the Oil and Gas Exploration and Production Industry," Rocky Mountain Mineral Law Foundation Journal, 2016
Contributor, "Legal Developments in 2015 Affecting the Oil and Gas Exploration and Production Industry," Rocky Mountain Mineral Law Foundation Journal, 2015
Professional & Civic Activities
Professional & Civic Activities
ABA Public Contract Law Contract Claims and Disputes Resolution Committee, Vice Chair, 2021
ABA Public Contract Law Small Business Committee, Vice Chair, 2021
Downtown Denver Partnership Leadership program, 2019
Flyers for Kids Charity Denver, Counsel, 2017-2019
Metro Caring, Denver, 2016-2018
Practices & Industries
Admissions
- Colorado, 2017
- West Virginia, 2009
- U.S. District Court for the District of Colorado, 2017
- U.S. District Court for the Northern District of West Virginia, 2012
- U.S. District Court for the Southern District of West Virginia, 2009
- Colorado Supreme Court, 2017
- West Virginia Supreme Court of Appeals, 2009
Education
University of Dayton School of Law, J.D., 2009
Marshall University, B.B.A., 2006
