St. Lawrence University, B.A.
State University of New York at Buffalo School of Law, J.D.
Best Lawyers in America—Construction Law 2020, 2021
Top 50 Construction Law Firms 2019, 2020
Co-Author, Georgia Construction Law book, 2010
Building Design & Construction Magazine’s “40 under 40” for 2009
“Future Business Leaders Program,” Associated Builders & Contractors of Georgia, 2005
U.S. District Court, Northern District of Georgia
U.S. District Court, Northern District of New York
U.S. Court of Federal Claims
U.S. Court of Appeals, Second Circuit
Gina M. Vitiello is the Chair of Chamberlain Hrdlicka’s Construction Law practice group. She counsels public and private companies on legal matters and risk management issues that typically arise for owners, contractors, subcontractors, and suppliers in the construction industry and litigates construction disputes in state and federal courts, as well as in arbitration.
Gina assists clients in drafting and negotiating construction contracts of all types, including design-build agreements, EPC agreements, subcontracts, purchase orders, commissioning agreements, energy savings performance contracts, joint venture agreements, facilities management and service agreements, and other commercial contracts. She works directly with general counsel and business executives to identify and minimize legal risks and provides practical advice to support her clients’ business objectives. She advises clients on licensing and compliance issues, and provides training to sales teams and project managers about various legal issues relating to contracts and business operations.
Gina counsels clients in dispute avoidance through review and analysis of claims and defenses relating to scope of work, substitutions, delay and schedule problems, standard of care, and other performance-related issues, including defaults and terminations. She works with clients to pro-actively resolve disputes before litigation through project and contract resolution procedures.
Gina is also an experienced construction litigator. She has acted as lead counsel in numerous trials and arbitrations involving contract and tort-based claims, with significant experience in handling claims relating to bid disputes, scope of work and non-payment issues, delay and impact damages, acceleration, extra work, loss of productivity, termination/default, and design or construction defects, and Miller Act claims.
Seminars & Presentations
- "Being Green is Easier Than You Think: Maximizing Commercial and Tax Incentives of Green Building," May 2009
- “Recent Developments in Construction Law,” Georgia Institute of Technology, Construction Management Program, 2005 Deadly Contract Clauses,” Hispanic Contractors Association of Georgia, November 2006 “Tricks, Traps & Ploys Used in Construction Scheduling,” Lorman Education Services, Atlanta, Georgia, February 2007
- “Filing Liens in Georgia,” Hispanic Contractors Association of Georgia, August 2007)
- Counseled EPC contractor on matters related to $680M EPC contract for design and construction of electric utility plant; provided analysis and advice as to scope of work and delay issues, assisted in claim preservation project documentation, represented client in negotiation and mediation of change order and schedule disputes with project developer while construction was ongoing.
- Represented regional hospital owner in procurement of design construction management services; drafted and negotiated all project agreements; provided advice on contract scope and delay issues arising during construction; assisted owner in developing, presenting, and negotiating $500K claim against project architect and mechanical engineer for defective design of mechanical system. Claim was settled favorably without litigation or other formal dispute resolution proceedings.
- Represented design-build contractor of steel manufacturing facility in defense of claims by owner for defective design and construction, as well as affirmative claims for non-payment, extra work, and delays against owner, and indemnification claims against designer and subcontractors. All claims settled through pre-trial settlements.
- Represented earthwork and utility subcontractor in a federal lawsuit against general contractor and engineer, seeking added costs of increased pavement thickness where bid plans prepared by engineer were not based on U.S. Army Corps of Engineer instructions to bidders and final design approved by the government required 1.5” to 3” of additional pavement to accommodate overlooked weight requirements.
- American Bar Association Forum on Construction Law
- American Bar Association, Public Contracts Section
- Atlanta Bar Association—Construction Law Section
- Associated Builders & Contractors (ABC) of Georgia
- Associated General Contractors (AGC) of Georgia
- Gwinnett Technical College—Construction Management Program Advisory Committee
- Atlanta International School—Board of Directors
- Human Rights Campaign—Federal Club Committee
- Article about Gina Vitello becoming the New Construction National ChairLaw360, September 8, 2021
- Gina Vitiello is the new National Chair of the Construction Law PracticeSeptember 2, 2021
- Best Lawyers in America® selects 54 Chamberlain Hrdlicka Attorneys for Recognition for 2022August 19, 2021
- 14 Chamberlain Hrdlicka Attorneys Named in 2021 “Women in the Law” Business Edition of Best Lawyers in AmericaBest Lawyers in America names Chamberlain Hrdlicka attorneys in "Women in the Law" for 2021June 7, 2021
- Chamberlain Hrdlicka Attorneys Named to US News – 2021 Best Lawyers in America®, Three Attorneys Recognized as Lawyer of the YearAugust 20, 2020
- Chamberlain Hrdlicka listed in The Top 50 Construction Law Firms™Construction Executive, June 18, 2020
- Law360 Names Attorneys Who Moved Up the Firm Ranks in Q1April 28, 2020
- Chamberlain Construction Update - Construction Allowed to Continue in Georgia under Governor Kemp’s Recent Shelter-in-Place OrderApril 7, 2020
- Chamberlain Construction Update - Your Construction Not Halted by Georgia or Atlanta COVID-19 Executive OrdersMarch 25, 2020
- February 13, 2020
- Real Estate Bisnow, December 17, 2019
- The Daily Report, November 22, 2019
- Record Number of Chamberlain Hrdlicka Attorneys Named to US News 2020 Best Lawyers in America® and Four Attorneys Recognized as Lawyer of the YearAugust 15, 2019
- Engineering News-Record, October 24, 2018
- Engineering News-Record, January 11, 2017
- Construction Dive, January 2017
- Construction Executive Tech Trends, November 2016
- September 2015
- Constructor, July 2015
- Citybizlist Atlanta, January 2015
- ForConstructionPros.com, October 2012
- August 2011
- Atlanta Business Chronicle, September 2010
- July 2010
- The Georgia Contractor, April 2010
- "Navigating the Paycheck Protection Program (PPP) Loan Forgiveness Application, Lender Review and Government Audit Process, and Corresponding Tax Consequences"Article by Juan Vasquez, Jr., Jaime Vasquez, and Victor Viser on "Navigating the Paycheck Protection Program (PPP) Loan Forgiveness Application, Lender Review and Government Audit Process, and Corresponding Tax Consequences""Texas Tax Lawyer, Fall 2020
- “After Surprise Appeals Court Ruling, Governor Signs Bill Restoring Builders' View of Contractors' Liens”Article by Stephanie Friese and Gina Vitiello on “After Surprise Appeals Court Ruling, Governor Signs Bill Restoring Builders' View of Contractors' Liens”The Daily Report, September 24, 2020
- Article by Gina Vitiello on “Video Conferencing and Recording: Know the Risks Before You Connect”Legaltech News, April 23, 2020
- Article by Gina Vitiello on “How to Protect Your Business While Working Remotely"Business 2 Community, April 10, 2020
- “Recording Online Meetings: A Guide to eDiscovery Best Practices” article by Gina Vitiello in Daily ReportNovember 8, 2019
- Construction Executive, June 6, 2016
- Appeals Court Ruling Could Have Major Impact on Construction Warranties, December 2019, Bisnow Atlanta
- Viewpoint: Dad Didn’t Wear a Tie, June 2013 Engineering News Record (ENR)
- An Uphill Battle Against LEED-Based Codes, June 2013 Engineering News Record (ENR)
- Transition to Integrated Project Delivery, October 2012 ForConstructionPros.com
- Energy Savings Performance Contracts: A good bet in a bad economy?, March 2012 The Construction Specifier
- Chamberlain Construction Update - Construction Allowed to Continue in Georgia under Governor Kemp’s Recent Shelter-in-Place OrderBusiness and International Tax Blog, April 7, 2020
- Chamberlain Construction Update - Your Construction Not Halted by Georgia or Atlanta COVID-19 Executive OrdersBusiness and International Tax Blog, March 25, 2020