Josh Funderburke focuses his practice on government contracts and commercial litigation. He assists government contractors across a variety of industries in all aspects of procurement law.
His experience includes advising entities regarding compliance with federal and state regulations, assisting with contract management, and litigating procurement-related disputes.
Josh also has extensive experience in the construction sector. He provides legal guidance in public and private construction contracts, defects, and disputes, and he has assisted clients throughout the construction process from contract negotiations through final inspections.
Previously, Josh was a law clerk to the Honorable Mary S. Scriven with the United States District Court, in the Middle District of Florida.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Bitscopic, Inc. v. United States, 166 Fed. Cl. 677 (2023) – Successfully obtained the dismissal of a competitor’s protest before the United States Court of Federal Claims, resulting in significant procurement awards from the Department of Veterans Affairs to our client.
- In the Matter of Wood Consulting Servs., Inc., SBA No. WOSB-119, 2023 WL 8253436 (Nov. 20, 2023) – Defended client’s status as a women-owned small business under SBA’s regulations, resulting in a significant contract award to the client from an intelligence agency of the Department of Defense.
- Minburn Technology Group, LLC, B-422106.1 (Nov. 8, 2023): Successfully protested the award of a software contract to the client’s competitor, resulting in the cancellation of the award through corrective action.
- Keefe Commissary Network, LLC v. Tennessee Rehabilitative Initiative in Correction, Case No. 23-1335-IV (Davidson County, TN Chancery Court June 11, 2024) – Successfully defended the award of a $150 million Tennessee government contract to our client through briefing and argument before the administrative board of the Tennessee Agency and then the Davidson County Chancery Court.
- Assisted in a successful and significant precedential appeal to the United States Court of appeals for the Federal Circuit, which resulted in an award of a $245 million Department of Defense contract to our client. See Oak Grove Techs., LLC v. United States, 116 F.4th 1364, 1370 (Fed. Cir. 2024).
- Counseled construction clients in contract negotiation, project management, and payment disputes including lien enforcement
- Drafted and negotiated contracts on behalf of design professionals (including architects and engineers) for private and public construction projects
- Represented clients in debarment or suspension proceedings, helping them to maintain eligibility for government contracts
- Assisted clients with contract performance issues, including modifications, extensions, and the interpretation of contract terms
