Jonathan A. DeMella

Partner

Jonathan DeMella is a member of the Firm's Government Contracts Counseling & Litigation practice. He regularly litigates CDA claims before the U.S. Court of Federal Claims and the Boards of Contract Appeals. He also has an active bid protest practice before the CoFC and GAO, and prosecutes and defends size and status protests before the SBA's Office of Hearings and Appeals.

Jon advises prime contractors and subcontractors in many areas of federal procurement. This includes procurement ethics, mandatory disclosure, civil fraud under the False Claims Act, and compliance with SBA laws and regulations, including those specific to Alaska Native Corporations. He also conducts complex internal investigations, corporate compliance reviews, and in-house training programs across the United States.

Jon enjoys speaking and writing about government contracts law, and is active in the Pacific Northwest Defense Coalition, the American Bar Association, and the Associated General Contractors of Washington.

Representing federal contractor on heavy civil project improperly terminated for default by U.S. Corps of Engineers. Case involves constructive changes, differing site conditions, subcontractor pass through claims, and Miller Act actions by subcontractors. (Ongoing)
Advising federal contractor in connection with mandatory disclosure obligations under federal procurement law, including FAR and civil False Claims Act. (Ongoing)
Advising company regarding formation of WOSB, compliance with SBA rules, subcontracting and joint venture rules. (Ongoing)
Representing public agency in bid protest action involving multimillion-dollar services procurement. (Ongoing)
Representing government contractor challenge termination for default on contract for services with NAVFAC in ASBCA. (Ongoing)
Negotiated with contracting officer for U.S. Coast Guard to convert termination for default to termination for convenience and revise negative CPAR. (2017)
Represented engineering/design firm in Washington State court action to recover unpaid subcontract balance from prime contractor on federal contract involving installation of power systems for VA hospital. Following depositions, prime contractor accepted our offer of judgment. (2017)
Represented government contract supplier negotiating terms on contracts with federal agencies, including Department of Commerce and Los Alamos National Lab, to protect and preserve intellectual property rights. (2017)
Represented small business contractor obtain settlement and judgment against U.S. Corps of Engineers following hearing before ASBCA involving contract for renovation of military headquarters building. Dispute involved interpretation of release language, differing site conditions, and federal appropriations issues. (2016)
Represented government contractor before ASBCA recover post-termination overhead costs following termination for convenience.
Analyzed country of origin and supply chain for government contractor regarding compliance with BAA and TAA. (2016)
Negotiated contract modifications with Corps of Engineers to account for scope change and differing site conditions on behalf of prime contractor working on major bridge renovation project. (2015)
Represented subcontractor negotiating multimillion dollar pass through claims against prime contractor and government in connection with construction of Denver VA hospital. (2015)
Represented contractor in bid protest involving $166 million federal procurement in which the U.S. Court of Federal Claims ruled in client’s favor that the Defense Health Agency had acted arbitrarily and capriciously by awarding purchase agreement to competing bidder. (2014)
Represented SDVOSB whose status was protested by competitor. Negotiated with SBA Area Office. Status restored. (2014)

Admitted to Practice

Alaska, 2014
Washington, 2005
District of Columbia, 2001
Massachusetts, 1999
U.S. District Court, Eastern District of Washington, 2017
U.S. District Court, Western District of Washington, 2007
U.S. Court of Appeals, Federal Circuit, 2001
U.S. Court of Federal Claims, 1999
U.S. District Court, District of Alaska, 2016

Education

J.D., American University Washington College of Law, 1998, cum laude
- Senior Note & Comment Editor, American University Law Review
B.A., Philosophy and Political Science, University of Connecticut, 1992

Memberships & Affiliations

- Member, Pacific Northwest Defense Coalition
- Member, Associated General Contractors of Washington
- Member, American Bar Association, Section of Public Contract Law
- Member, American Bar Association, Forum on the Construction Industry
- Former Member, Board of Governors, Boards of Contract Appeals Bar Association
- Former Vice President of Education, National Contract Management Association, Puget Sound Chapter

Professional Recognition

- Named as one of the "Best Lawyers in America" in Construction Law by Best Lawyers, 2024-present

Background

- Partner, Dorsey & Whitney LLP, Seattle, 2013-2015
- Partner, Oles Morrison Rinker & Baker LLP, Seattle, 2011-2012
- Associate, Sidley Austin Brown & Wood LLP, Washington, D.C., 1999-2005
- Law Clerk, Hon. Christine O.C. Miller, U.S. Court of Federal Claims, Washington, D.C., 1998-1999