Cases
Representative Matters: General Contractors: Construction litigation for national general contractor: Served as lead counsel for a national general contractor in defense of two lawsuits in Federal Court related to high rise condominium projects owned
developed by the same owner. During the course of litigation, our attorneys successfully filed motions to dismiss as it related to the general contractor's corporate officers. The parties concluded litigation through settlement, whereby the general contractor received a large sum of money
did not pay the owner despite being the defendant in the lawsuit.
Construction dispute for major national general contractor: Represented a national general contractor in multimillion dollar dispute against a local hospital. The case involved significant delays
disruptions, owner directed change orders,
improper coordination with the architects.
Strategic acquisition by international construction company: Represented Kajima International Inc. concerning the potential risks associated with the acquisition of another major U.S. general contractor on its on-going
completed projects.
Construction Advice
Litigation for National General Contractors: Represented many large building contractors for 25 years h
ling much of their work in the southeast. Act as a trusted advisor to help minimize legal expenses while being part of their executive team to discuss viability of projects, risk mitigation, training of staff
successful completion of projects. During these representations, I have worked on nearly a thous
projects, including high rise office buildings, condominiums, stadiums, garages, mixed use facilities, university projects, CDC projects, laboratories
schools. I also have spent a significant amount of time reviewing, editing
negotiating contracts to minimize risks.
Aviation Projects
MEGA Projects: Vogtle Nuclear Power Plant: Currently representing a consortium member on an EPC contract h
ling claims in excess of a billion dollars arising from issues with the Shield Building, Structural Modules, Licensing delays
Differing Site Conditions.
Project counsel for the City of Atlanta: Represented City of Atlanta concerning the design
construction of the $250 million facility for Hartsfield-Jackson Atlanta International Airport. The representation included assisting the City of Atlanta in its contract preparation, procurement of a Construction Manager at Risk, representing the City of Atlanta in matters related to the implementation of value engineering,
negotiating Component Guaranteed Maximum Price Change Orders for the project that were then rolled into a Guaranteed Maximum Price Change Order. The firm also provided day-to-day advice on claims avoidance
mitigation,
contract administration issues.
Hartsfield-Jackson Atlanta International Airport Expansion for the City of Atlanta: Represented the City of Atlanta by providing its Law Department with on-going legal counsel for its planned $6 billion, 10-12 year facility expansion of the world's busiest airport, Hartsfield-Jackson Atlanta International Airport, including the construction of a fifth runway, a consolidated car rental facility
a new international terminal.
Terminal Design Team vs. City of Atlanta: Served as lead counsel to the City of Atlanta in litigation with its former designer over claims concerning the new international terminal to be built at Hartsfield-Jackson Atlanta International Airport. Because the new international terminal, as designed, could not be built within the construction cost limitations imposed on the project, the designer's contract was terminated for default. City received a substantial settlement.
Litigation regarding construction on the 5th runway at Hartsfield-Jackson Atlanta International Airport for the City of Atlanta: Served as lead counsel to the City of Atlanta in litigation of a $100+ million claim concerning an underrun in the fill material for the 5th runway construction project at Hartsfield-Jackson Atlanta International Airport. Prevailed on all claims through summary judgment, which was affirmed on appeal.
Counsel to the City of Atlanta related to the design construction of an elevated light rail system for Hartsfield-Jackson Atlanta International Airport: Represented the City of Atlanta on matters related to the design, building
operation of an approximately $200 million dollar elevated light rail automated people mover connecting Hartsfield-Jackson Atlanta International Airport with its consolidated rental car agency complex. Representation of the City of Atlanta also included providing contracts, day-to-day advice on claims avoidance
mitigation, claims analysis
negotiation,
contract administration issues related to the light rail.
Counsel to City of Atlanta: Represented the City of Atlanta in a design-build project to replace the parking revenue control system of Hartsfield-Jackson Atlanta International Airport, including procuring a contractor to develop the necessary software, integrate the software with the equipment
install the equipment, drafting a contract for the project,
advising client on the claims related to installation of the project.
Logan International Airport: Created the Request for Qualifications, the Request for Proposals
the CM at Risk contract for the Central Garage at Logan International Airport. This involved the expansion of the garage while the garage maintained a minimum number of spaces throughout construction. The project was completed on time, on budget with no impact on the revenue to the airport
with no injuries to passengers or workers.
Civil Projects: Interstate 85-75 Interchange in Atlanta: Represented a large highway contractor in a lawsuit against the Georgia DOT for claims on the expansion of the interchange in downtown Atlanta. Received a significant settlement in mediation.
Route 56 in San Diego: Represented an international contractor in a lawsuit against the California DOT arising from delays
cost overruns on a highway project. Received settlement from Caltrans prior to trial.
Seven Oaks Dam: Represented a large international contractor on claims against the Army Corps of Engineers on a federal government dam built to relieve flooding in southern California. H
led front end issues to establish the backup for the claims. Client was awarded substantial equitable adjustment.
Pipeline Projects: Construction dispute for a specialty contractor: Represented a pipeline contractor in a Texas state court in the defense of $40 million in claims asserted by a pipeline owner
the assertion of a $14.8 million counterclaim against the pipeline owner arising from the construction of a 31-mile pipeline project in Indiana
Illinois. During the course of this representation, we obtained rulings that: the pipeline owner was guilty of spoliation of its project emails
the pipeline owner was guilty of spoliating the surplus pipe from the project
the pricing terms in the contract were unambiguous
applied regardless of the actual costs incurred by our client, which eliminated the owner's primary defense to $2.8 million of the claims asserted by our client
excluding evidence of settlement offers made by our client, which the owner intended to use as admissions of liability
denying the owner's motion for summary judgment on our client's claim for interest under the Texas Prompt Pay Act
prohibiting the owner's damages expert from opining that our client was responsible for the vast majority of the owner's claims. The pipeline owner
our client subsequently settled the claims between them. The terms of the settlement are confidential.
Mining Projects: Working with International mining company to create templates for EPC, CM
construction contracts to use with large engineering
construction firms for mines throughout the world. Assist with project issues to maximize efficiencies for output production. Assisting with training of staff to implement
execute construction processes
procedures. H
ling complex disputes after project completion.
Compliance Programs: Worked for many different companies assisting with compliance programs for government certifications, DBE compliance programs, DBE investigations
allowable cost compliance issues on government projects. Also assisted a municipality with creating an improved program for a large MBE participation program.
Alternative Delivery Methods: Assisted owners
contractors with the creation of alternative delivery methods. Helped to establish CM at Risk
Design-Build with municipal
state governments. Created the first CM at Risk, Design-Build
Design-Build-Operate
Maintain projects ever used by the City of Atlanta. Trained programs, teams
staffs with the changed approach needed for successful delivery of these alternative delivery methods.
International Arbitration: : International Dispute for Global Supplier: Represented a European global supplier of electromechanical systems
services in a $150 million ICC arbitration related to the construction of a hydropower plant in a remote region of South America.
European Steel Manufacturer: Represented an international corporation in a $100 million ICC Arbitration against an equipment supplier
its mechanical installer on the construction of a Greenfield industrial project.
Represented an international owner in a multi-party $80 million ICC Arbitration related to the construction of a $1 billion industrial plant.
