Overview

Mandy’s practice focuses on the representation of owners, design professionals, developers and contractors throughout the construction process. Her experience includes contract drafting and negotiation, contract administration, and litigation or alternative dispute resolution of claims for delay, impact and acceleration, design or construction defects, and mechanics lien foreclosures.

Most recently, she has worked in the field with a large utility client on a multi-billion dollar complex construction project including contract negotiation, contract management and administration, project execution, claim avoidance, and dispute resolution through on-site assistance with the client’s day-to-day review of contracts, change orders, and other commercial issues. Additionally, her  experience includes assisting regulated utilities develop a prudence strategy for rate making regulatory proceedings.

Procurement/Contract Negotiation
Mandy has negotiated multi-million dollar construction contracts utilizing various contracting methodologies (Engineer, Procure and Construct (“EPC”), Time and Material, Unit Price, Fixed-Price, and Target Price arrangements). Her experience includes all aspects of the procurement process including assisting clients to develop Request for Proposal documents, planning and executing pre-bid meetings, assisting the project team in responding to bidder questions, analyzing legal and commercial aspects of bid responses, and contract negotiation. Additionally, she has assisted clients in revising form contract documents and procurement-related processes and procedures that address the project’s needs, the client’s needs, and industry best practices. She also has experience providing training to project engineers, contract managers, and procurement personnel regarding procurement-related policies and best practices for project documentation and contract administration.

Contractor Claims/Dispute Resolution
Mandy advises owners of long-term projects regarding claim avoidance strategies and resolution of contractor claims and disputes in a timely manner to eliminate or mitigate any disruption to the project. She has worked on-site with an energy client’s procurement team regarding change order analysis and contractor claim resolution, reviewing and tracking all formal inbound and outbound commercial correspondence, providing written reports and contract analysis regarding commercial issues, and providing legal advice to the project team on a daily basis.

Regulatory Consulting
Mandy has experience supporting and advising a regulated utility regarding the recovery of construction costs in a ratemaking proceeding. This includes assistance to the project team and corporate executives regarding appropriate documentation for project costs including budget variances, executed change orders, and contractor claim settlements. She also advises utility owners regarding witness preparation, attorney-client privilege issues, confidentiality of commercially sensitive project documentation and related regulatory testimony/filings, drafting written testimony for state regulatory proceedings, and drafting and responding to data requests.

Admitted only in Illinois and Ohio, not admitted in the District of Columbia. Practicing under the supervision of the partners of Schiff Hardin LLP who are admitted in the District of Columbia.

  • Experience

    • Iatan Project: Provided on-site day-to-day legal support to the owner's project management team regarding contract negotiation, contract administration and dispute resolution throughout the life cycle of the project for the purpose of maximizing financial and operational performance (i.e. cost and schedule control) and minimizing legal risk. The Iatan Project included the construction of a new 850 MW (net) supercritical, pulverized coal unit that burns Powder River Basin (“PRB”) coal. The new unit included emissions control equipment that met the Best Available Control Technology (“BACT”) standards, including a selective catalytic reduction system (“SCR”) for NOx control, a wet flue gas desulfurization system (“Scrubber”) designed to use a limestone slurry solution for SO2 control, and a pulse jet fabric filter (“Baghouse”) for particulate control. Additionally, a powdered-activated carbon system was installed to remove mercury. The project received recognition by Power Magazine as 2011 Plant of the Year.
    • Developed the regulatory strategy for construction of Iatan Unit 2, drafting the pre-filed testimony and associated data request responses, providing significant witness preparation support, and drafting the post-hearing brief for construction prudence issues in rate making hearings before the Missouri Public Service Commission and the Kansas Corporation Commission. Based on the strength of the construction project documentation and evidentiary presentation in the rate case, both states only disallowed approximately $20 million (or approximately 1%) of the Iatan Unit 2 project costs from rate base.
    • Obtained an arbitration partial award of over 91% of the owner's costs in a multi-million dollar construction dispute.
    • LaCygne Environmental Retrofit Project: Currently providing on-site day-to-day legal support to the owner's project management team regarding contract negotiation, contract administration, and dispute resolution for an environmental retrofit of two existing units composed of a coal-fired unit nominally rated 810 MW gross that uses a supercritical, cyclone-fired boiler (Unit 1) and a pulverized coal-fired unit nominally rated at 715 MW gross that uses a subcritical, wall-fired boiler (Unit 2).
  • Credentials

    Education

    • University of Illinois College of Law, J.D., 2005, cum laude
    • University of Illinois at Urbana-Champaign, B.A., Psychology, 2000

    Bar Admissions

    • Illinois
    • Ohio
      • U.S. District Court for the Southern District of Ohio

          Clerkships

          • Judicial Extern — The Honorable Judge Michael J. Reagan, U.S. District Court, Southern District of Illinois (Summer 2003)

          Professional Memberships

          • American Bar Association, Forum on the Construction Industry
          • Columbus Bar Association
          • Illinois State Bar Association
          • Ohio State Bar Association

          Teaching Appointments

          • The John Marshall Law School, Construction Law, Adjunct Professor of Law (2016-2017)
        • Insights

          TITLE
          News Release

          The Legal 500 Spotlights Three Schiff Hardin Practice Groups, Eight Attorneys

          Schiff Hardin LLP is pleased to announce that three practice groups and eight attorneys have been recognized in the 2016 edition of the Legal 500.

          News Release

          22 Schiff Hardin Lawyers Named to 2016 Emerging Lawyers Network

          The list comprises those attorneys who are most recommended as top lawyers among their peers.

          Publications

          • "Arbitral Subpoena Powers and Prehearing Discovery," (co-author) AAA Handbook on Commercial Arbitration - Third Edition (2016)
          • "Strategies to Mitigate Risk and Improve Investment Return in Large Capital Projects," (co-author) The Journal of Private Equity (Summer 2011)
        • Citizenship

          Civic and Charitable Memberships

          • Street Law, Inc., Outside General Counsel

        "Mandy MacVey: Giving Legal Guidance From a Construction Trailer"

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        "MacVey, a partner at Schiff Hardin, is one of construction law field’s rare female attorneys and even rarer female partners. She has been working “boots on the ground,” as she says, in construction site trailers for Kansas City Power and Light for the past eight years." READ ARTICLE