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.

She spent almost ten years in the field supporting a large utility client on a series of multi-billion dollar complex construction projects, providing legal services including contract negotiation, contract management and administration, project execution, claim avoidance, and dispute resolution through on­site assistance with the client’s day­to­day 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 and project delivery systems to fit the client and project. Her transactional experience includes all aspects of the competitive bid 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 procurement­related 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 industry best practices and strategies for claim avoidance and resolution of contractor claims and disputes in a timely manner during the project to eliminate or mitigate any disruption to work in the field. She has worked on-site with clients regarding commercial correspondence management, change order analysis and contractor claim resolution,  project reporting, contract enforcement, warranty enforcement, 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. She has also evaluated the rate making trends in the United States and Canada for pre-approval of project costs.

  • 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 percent) of the Iatan Unit 2 project costs from rate base.
    • Obtained an arbitration partial award of over 91 percent of the owner's costs in a multi-million dollar construction dispute.
    • LaCygne Environmental Retrofit Project: Provided 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

    • District of Columbia
    • Illinois

            Clerkships

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

            Professional Memberships

            • American Bar Association, Forum on the Construction Industry

            Teaching Appointments

            • The John Marshall Law School, Construction Law, Adjunct Professor of Law (2016-2019)
          • Insights

            TITLE
            News Release

            Three Practices Recognized in The Legal 500 for Fourth Year in a Row

            Schiff Hardin LLP is pleased to announce that three of the firm’s practice groups have been recognized for the fourth year in a row in The Legal 500 United States 2019 guide, which provides a nationwide analysis of law firms that provide cutting-edge and innovative advice.

            Article
            News Release

            MacVey Joins Diversity Committee Leadership

            Schiff Hardin is pleased to announce that Partner Amanda Schermer MacVey has joined the firm’s Diversity Committee as Gender Diversity Subcommittee Chair.

            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.

            Publications

            • “Life Safety Systems,” (co-author) A Lawyer’s Guide to Advanced Construction Systems and Techniques – More Sticks & Bricks (2018)
            • The 2017 A201 Deskbook, (co-editor) American Bar Association
            • “Bidding the Construction Contract, ” (co-author) Construction Law: Transactional Considerations 2017 Edition, IICLE
            • “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)

            Speeches & Presentations

            • “The New AIA Contract Documents: What’s New?,” (co-presenter) American Bar Association webinar (Oct. 25, 2017)
            • “The Changes that Matter the Most!,” (panelist) ABA Forum on Construction Law Fall Meeting (Oct. 2017)
            • “Change Order Management: Best Practices & Strategic Considerations,” (co-presenter) National Association of Construction Auditors Third Annual Conference, Orlando, Fla. (Sep. 30, 2013)
          • Citizenship

            Civic and Charitable Memberships

            • Street Law, Inc., Outside General Counsel

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

          image description

          "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