Jennifer Kavney Harvey
Clarkson University, B.S., 1987; Albany Law School of Union University, J.D., 2009, magna cum laude, Executive Editor, Albany Law Review
Jen Harvey advises contractors, subcontractors, suppliers, owners, sureties and design professionals in all aspects of construction-focused contract development, negotiation and contract administration. She has represented construction clients in administrative proceedings relating to prevailing wage and procurement matters, as well as litigation of a broad array of construction and commercial matters, including False Claim Act defense. She counsels government contractors in a wide range of competitive bidding and government procurement matters, including bid protests and challenges, Procurement Lobbying Law matters, vendor responsibility issues, suspension and debarment proceedings, and DBE, MBE and WBE utilization issues, inclusive of subcontractor/supplier vetting and waiver/modification processes. A significant portion of Jen’s practice currently includes assisting clients in the adoption and implementation of construction-specific corporate/contractor integrity plans and compliance training, including the development of affirmative policies relating to DBE, MBE and WBE contracting practices.
- New York State Courts
- United States District Court for the Northern, Southern, Eastern and Western Districts of New York
- United States Court of Appeals, Second Circuit
- United States Bankruptcy Court for the Northern and Western Districts of New York
- Representing clients in complex construction-related litigation including contractual disputes, delay damage and impedance claims, mechanic lien foreclosures, lien law trust matters and bond claims.
- Defending clients in construction-based qui tam and False Claims Act matters.
- Assisting clients with competitive bidding and government procurement matters, including bid protests, information technology and commodities issues, public procurement specification and strategic sourcing challenges, suspension and debarment proceedings and vendor responsibility issues.
- Counseling clients with public contract administrative matters, including D/M/WBE utilization and waiver issues, statutory prevailing wages, and apprentice program applications.
- Preparing construction-specific corporate/contractor integrity plans and compliance training, including D/M/WBE compliance policies, codes of ethics, personnel manuals and associated documents.
- Editing and contributing to Bowmar – Mechanic’s Liens in New York (2014 and 2015 eds.).
- Delivering multiple presentations to trade associations, including Associated Builders and Contractors, Inc.’s 2012 Empire State Convention (M/WBE Utilization and Certification); Associated General Contractors, New York State, LLC (“AGC”), 2013 Annual Convention (Contractor Utilization of M/WBEs); Northeast Subcontractors Association/Eastern Contractors Association/AGC March 2015 Joint Educational Program on “Killer Contract Clauses” (Contracting with D/M/WBEs); New York Construction Materials, 2014 Annual Fall Meeting (False Claim Act Enforcement Update); AGC, 2014 Annual Convention (D/M/WBE Utilization).
- Authoring articles on issues specific to the construction industry, most recently “Suppliers at Risk,” describing unexpected False Claims Act risks to suppliers having no direct contract with the government, published in Cornerstone Magazine, the biannual publication for the Associated General Contractors of New York State.
- Internships: Hon. Roger J. Miner, Circuit Judge for the U.S. Court of Appeals, Second Circuit; Hon. Thomas J. McAvoy, District Judge for the Northern District of New York; and Hon. Lawrence E. Kahn, District Judge for the Northern District of New York; U.S. Attorney’s Office for the Northern District of New York.
- Ms. Harvey received several awards and honors in law school, including: Executive Editor for Lead Articles for the Albany Law Review.
- Albany County Bar Association
- Capital District Women’s Bar Association
- New York State Bar Association
- American Bar Association
- Northern District of New York Federal Bar Association
- Outside the firm, Jennifer volunteers as a coach for the Albany Special Hockey Team