R. Loy Waldrop, Jr.

Practice Details

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• Firm Information
  Position

  Shareholder

  Firm Name

  Lewis Thomason, P.C.
• Representative Cases & Transactions
  Cases

  Representative Experience: Representation of a U.S. subsidiary of a major European industrial equipment contractor in defense of lien
  payment claims involving a significant industrial construction project. Mr. Waldrop assisted his contractor client by filing a declaratory judgment action to bring the major parties into one suit with all claims being resolved expeditiously in a subsequent mediation.
  Pro bono representation of single mother/homeowner
  her seven minor children in lawsuit against a municipality arising from multiple water intrusion incidents into the family home as a result of deficiencies in the municipal storm water system. After the homeowner had met with the municipality manager, engineering department
  municipal council with no relief provided from the water intrusion problems, Mr. Waldrop agreed to assist her in her efforts to obtain relief from the water intrusion incidents
  subsequent mold growth that had forced evacuation of the home. Mr. Waldrop filed suit against the municipality asserting claims for temporary
  permanent nuisance/inverse condemnation
  also seeking a permanent injunction to force the municipality to upgrade its subdivision storm water system to meet current st
  ards. He engaged engineers, appraisers, contractors,
  a realtor to assist as expert witnesses in the preparation of the homeowner's claims. After depositions of the parties' engineering experts, the municipal mayor
  manager were taken,
  the municipality's motion for summary judgment was defeated, the case was resolved through mediation
  subsequent negotiations. The municipal infrastructure ultimately was upgraded to meet the municipal storm water event criteria.
  Representation of prime contractor in arbitration case involving contractor payment
  owner construction defect claims arising from construction of $25 million mountain top home/lodge in Western North Carolina. The total claims involved, approximately $2 Million, were eventually resolved in mediation with the owner, contractor
  subcontractors.
  Representation of prime contractor in American Arbitration Association case involving the defense of a subcontractor's claims of $379,000 extra cost
  delay arising from Maryl
  military base project. The arbitrator dismissed all the subcontractor's claims after a two day evidentiary hearing
  reviewing the post hearing briefs.
  Representation of engineering design firm in the defense of owner in $8 million dollar sinkhole subsidence claims asserted in state court that involved geotechnical
  foundation design
  construction issues
  claims against multiple defendants. Mr. Waldrop obtained an early resolution of the case for his client after retaining construction pricing
  scheduling witnesses
  developing a collateral attack on the owner-plaintiff's damage claims.
  Representation of hotel owner in two-week arbitration hearing involving interpretation of the prime contract, contractor payment claims,
  owner construction deficiency claims. The award obtained by the contractor was about 50% of the contractor's last settlement dem
  .
  Representation of two engineering firm defendants in a federal court suit alleging ground, sinkhole,
  well water contamination. The case involved complex airborne dust
  hydro-geological issues in an area encompassing several square miles. Mr. Waldrop was instrumental in obtaining a favorable resolution of this suit involving over 150 plaintiffs asserting over $250 million in claims against six defendants through finding key expert witnesses, development of a comparative fault defense involving several of the plaintiffs,
  using innovative mediation procedures with the other plaintiffs.
  Representation of engineering firm defendant in a state court suit with a project owner that involved owner delay claims against the project engineer
  contractor exceeding $10 million dollars based on the issuance of a Corps of Engineers' cease
  desist order
  state
  federal permitting issues associated with wetl
  s violations
  Indian burial grounds on proposed $600 million dollar project. Mr. Waldrop obtained nationally recognized damage
  liability experts on scheduling, permitting, archeology
  accounting issues to analyze the owner's claims
  resolved the case for his client through mediation
  negotiations.
  Representation of school board owner in arbitration defense of contractor claims
  assertion of an owner counterclaim. Mr. Waldrop obtained an award for his client on its counterclaim in the arbitration hearing
  preserved the award through an action in Chancery Court to set aside the award, in the Tennessee Court of Appeals,
  ultimately in the Tennessee Supreme Court, serving as lead counsel in the arbitration
  in the trial court
  appeal hearings. The case clarified the law in Tennessee on whether governmental entities can legally agree to arbitrate disputes. Southern Constructors, Inc. v. Loudon County Bd. of Educ. 58 S.W.3d 706 (Tenn. 2001).
  Representation of a contractor concerning the contractor's Class 1 differing site condition claim against the project construction manager on a federal asbestos abatement project. The case concluded in a paid judgment for the contractor's entire claim amount asserted in the federal court trial.
  Representation of contractors, subcontractors,
  construction managers in resolving payment
  work quality disputes with commercial project owners
  other contractors through negotiation
  mediation.
• Additional Links
  http://www.lewisthomason.com/attorneys/r-loy-waldrop-jr/