PRACTICE FOCUS
Mr. Potter is a Principal attorney and the Chair of Offit Kurman's Construction Law Practice Group and is a resident of the firm’s Harrisburg, Pennsylvania Office. Mr. Potter focuses his practice on counseling architects, engineers, design-build entities, owners and other businesses involved in construction contracting, commercial and construction litigation, administrative law, and professional licensing matters.
Mr. Potter serves as general counsel to AIA Pennsylvania, special counsel to the American Council of Engineering Companies of Pennsylvania and is a member of the Penn State Harrisburg Advisory Board for the Structural Design & Construction Engineering Technology and Civil Engineering Programs. He frequently provides seminars and lectures at national, regional and statewide forums on topics including construction contract documents, construction delivery methods, design and construction errors and omissions, risk management, construction and project management, construction litigation and design professional ethics.
Mr. Potter has represented clients in mediation and arbitration proceedings before the American Arbitration Association and before administrative agencies including matters before the Pennsylvania Department of General Services, Department of Labor & Industry, PennDOT, and Department of State Bureau of Professional and Occupational Affairs. He has also represented clients before various courts including Courts of Common Pleas, the Commonwealth Court of Pennsylvania, the Superior Court of Pennsylvania, the Supreme Court of Pennsylvania, U.S. District Court for the Middle District of Pennsylvania, the U.S. Court of Appeals for the Third Circuit, and the U.S. Supreme Court.
PREVIOUS WORK
Before joining Offit Kurman, Mr. Potter was a shareholder at another firm in their Harrisburg location. Mr. Potter was Assistant General Counsel to Pennsylvania Governor Tom Ridge. As an assistant general counsel, he was responsible for representing the Governor and cabinet level officials in federal and state court, providing legal counsel to department heads, was lead counsel on public finance transactions, and oversaw the legal work of attorneys from a variety of state administrative agencies including the Department of Labor & Industry.
As a Central Pennsylvania native, Mr. Potter received his law degree with honors from Widener University School of Law located in Harrisburg in 1995 and his undergraduate degree in Political Science from Millersville University in 1991. Mr. Potter is a member of the Pennsylvania, Dauphin County, Federal and American Bar Associations.
Mr. Potter is licensed to practice in Pennsylvania, Maryland and before the U.S. District Court for the Middle District of Pennsylvania, the U.S. Court of Appeals for the Third Circuit, and the U.S. Supreme Court.
PUBLICATIONS/SPEECHES
- “Is Everything Negotiable” Pratt School of Architecture Ethics Session (March 24, 2022)
- “Recognizing Time Impacts and Claims Avoidance” Associated Pennsylvania Constructors Panel Discussion (November 18, 2021)
- “Engineering Ethics for the Transportation Professional” American Society of Highway Engineers North Central New Jersey Virtual Ethics Training (November 4, 2021)
- ”Collaborative Design and the Role of the Architect – Delegated Design, Design Assist and Informal Involvement” AIA webinar (April 20, 2021)
- “Collaborative Design and the Role of the Engineer of Record” Delaware Valley Association of Structural Engineers webinar (March 3, 2021)
- “Handling Scary Things Like Price Spikes/Material Shortages” ECI BuildChat Webinar (October 29, 2020)
- “Addressing FAQ on Professional Licensure” AIA-PA, PA BPOA (August 26, 2020)
- "Back to Work – Guidance for Firms Managing Construction Restart" AIA-PA Town Hall Webinar (April 30, 2020)
- “Professional Engineering Ethics” American Society of Highway Engineers SNJ, Cherry Hill, NJ (January 15, 2020)
- “Engineering Ethics for the Transportation Professional” Penn State Transportation Engineering & Safety Conference (December 11, 2019)
- “Starting Your Own Firm: Challenges, Risks and Rewards” AIA Tri-State Conference, Albany, NY (October 18, 2019)
- “Selecting a Project Delivery Method – AIA Families of Documents & Contract Selection” AIA-PA/ABC Keystone, Manheim, PA (September 26, 2019)
- “Is Everything Negotiable?” (Ethics); and “Everything Is Negotiable” NCARB Scholars in Professional Practice, Univ. of Hartford, West Hartford, CT (August 10, 2019)
- "A Primer on Engineering Ethics Issues in Professional Engineering Practice" Half Moon Seminars, Fort Washington, PA (March 22, 2019)
- "Can I Say That? Marketing Ethics for AEC Marketing Professionals" AIA-PA/SMPS, Harrisburg, PA (February 28, 2019)
- "Engaging Ethics" NCARB Scholars in Professional Practice, Washington D.C. (August 3, 2018)
- "If You Watch Them Build It, They May Sue" Structural Engineers Association of PA, State College, PA (June 7, 2018)
- "Engineering Ethics Workshop" Delaware Association of Professional Engineers (DE State Licensure Board), Newark, DE (May 3, 2018)
- “Complying w/Licensure Board Rules & Regs” Half Moon Seminars, Camp Hill, PA (March 16, 2018)
- “Engineering Ethics & Compliance w/Rules of Professional Conduct” Half Moon Seminars, Camp Hill, PA (March 16, 2018)
- “Practical Ethics for Engineers” Half Moon Seminars, Cranbury, NJ (February 27, 2018)
- “Mock Administrative Licensing Hearing - Structural Engineering Ethics and the Code of Conduct/Legal Issues for Professional Engineers” Delaware Valley Association of Structural Engineers (February 14, 2018)
- “Risk Management for AEC Marketing Professionals: Lessons Learned from Bidding & Proposals” AIA-PA/SMPS, Harrisburg, PA (January 24, 2018)
- “Architectural & Engineering Ethics” AIA PA Webinar (December 12, 2017)
- AIA Quad States (AIA NYS, AIA NJ, AIA PA & AIA CT); Albany, NY (November 11, 2017)
- “Engineering Ethics” Delaware Association of Professional Engineers (DE State Licensure Board) Wilmington, DE (June 22, 2017)
- Boeing 2017 National Meeting ASCE Chapter (April 19, 2017)
- “Practical Ethics for Engineers” Half Moon Seminars, Ft. Washington, PA & Princeton, NJ (February 23, 2017)
- “Practical Ethics for Engineers” Half Moon Seminars, Wilmington, DE & Towson, MD (February 16. 2017)
- “Engineering Ethics” ASHE, Valley Forge, PA (February 15, 2017)
- “Copyright Law in the Real World of the Design Professional” AIA-PA/Society Marketing Professional Services Central PA, Harrisburg, PA (January 18, 2017)
- “Architectural and Engineering Ethics” AIA Eastern Pennsylvania (November 17, 2016)
- “Architectural and Engineering Ethics” AIA Philadelphia Design on the Delaware (November 10, 2016)
- “Engineering Ethics” County Engineers Association of Maryland Statewide Conference (September 23, 2016)
- “NCARB Ethics Jeopardy” AIA National Convention, Philadelphia, PA (May 20, 2016)
- “Engineering Ethics” ASCE/DVGI, King-of-Prussia, PA (May 17, 2016)
- “Engineering Ethics” McCormick Taylor, Inc., Philadelphia, PA (April 7, 2016)
- “Engineering Ethics” Delaware Valley Structural Engineers, Plymouth Meeting, PA (March 2, 2016)
- “SMPS and AIA Ethics Session” Harrisburg, PA (February 18, 2016)
- “Engineering Ethics” US National Security Agency, Linthicum, MD (January 28, 2016)