Editorial: Construction in Georgia

01 April 2007

The leading firm in the state in terms of the number of featured lawyers is Smith Currie & Hancock LLP – “they’d be my first port of call if I were conflicted out,” according to one rival we spoke to. The firm’s six featured lawyers are led in the voting by the “top-notch” Thomas Abernathy, “one of the very best in Atlanta,” according to interviewees. He was recommended for his work for clients ranging from owners to contractors, subcontractors and sureties on issues such as bid and award protests and a range of construction performance problems. Abernathy’s experience includes federal buildings, bridges and highway projects and power plants. He is “undeniably one of the finest legal minds in town”.

Thomas Kelleher, the firm’s managing partner, “indisputably belongs on a list of the best around”. A fellow of the American College of Construction Lawyers, he was described as a “federal government contracting guru”. He served as chair of the Federal Acquisition Regulation Committee for the Associated General Contractors of America from 1999 to 2003. Fellow senior partner Aubrey Coleman is said to be “excellent”. A “heavy hitter” who is particularly well-known for his work on US embassies – he recently settled a major claim on the new embassy project in Mali, and is working on a pending lawsuit with respect to the new Embassy in Guinea. He is actively involved in both litigation and arbitration, and has been lead counsel in more than 75 arbitrations, bench and jury trials.

Hubert Bell has a “fantastic reputation, and rightly so”. A former chairman of the construction division of the public contract law section of the American Bar Association (ABA), he was picked out for his dispute resolution expertise, in both litigation and arbitration. He is a member of the American Arbitration Association’s national construction dispute resolution committee.

James Butler also features in the following pages, lauded by his peers as a “real asset to the firm.” Like Bell, his mediation and arbitration work was mentioned by sources, who also called him an “international authority on construction contracts”. The other partner from the firm is Philip Beck, described to us as a “very fine lawyer, I would have no hesitation in referring work to him.” He was praised for his contract drafting work as well as his dispute resolution skills in fora including state and federal courts, federal boards of contract appeals and local administrative bodies, as well as his work representing clients in over 100 arbitrations and mediations throughout the US.

Kilpatrick Stockton LLP follows close behind with five partners in our list. Randall Hafer leads the construction and public contracts group, and is a “first class lawyer.” He is particularly well-known for his representation of public owners, and was outside counsel to the Milwaukee Metropolitan Sewerage District on its multibillion-dollar pollution abatement programme. He currently represents the Massachusetts Water Resources Authority on a range of projects, including the $3.5 billion Boston harbour project.

George Anthony Smith “would stand out on any list”. Graded “A+” for his contract negotiation, arbitration and litigation work by interviewees, his recent experience includes a $3.2 million jury verdict against the Florida Department of Transportation, a $29 million jury verdict and judgment against a mechanical subcontractor and its surety on a large hospital project, and a $30 million arbitration award on behalf of the general contractor on the Liberty Place mixed-use project in Philadelphia. Neal Sweeney is “at the top of the tree”, and is said to be “very fine” for public works projects. His major cases in this area include Tren Urbano – San Juan, Puerto Rico’s commuter rail system, one of the largest earth- and rock-filled dams in the United States and the Miami Performing Arts Center.

Brian Corgan was described as a “levelheaded, business-like and skilled litigator who gets the job done”. He was commended to researchers for dispute work involving power plants, airport runway construction, hospitals and various other commercial and industrial projects. William Dorris completes the quintet from Kilpatrick Stockton. “One of the most experienced litigators in town”, he is well-known for his work on behalf of general contractors on hospital projects across the US.

Three named partners from Hendrick Phillips Salzman & Flatt PC appear in this chapter. David Hendrick is a former president of the American College of Construction Lawyers and an “all-round top-of-the-line guy”. Contract negotiation, formation and project structuring work forms the basis of his practice. Interviewees commented admiringly on his “tremendous intelligence” and “unparalleled ability to represent the interests of his clients.” In addition, he was described as “first class” for arbitration, as a member of the AAA’s construction industry large, complex case panel of arbitrators (he has been involved as arbitrator in over two-dozen construction disputes). Colleague Martin Salzman is said to be a “terrific lawyer”, known among his peers for the quality of his dispute resolution practice. The third partner we feature is Stephen Phillips who was recommended to researchers as “the go-to guy for roofingrelated matters”, and is widely recogised as counsel to the National Roofing Contractors Association and the National Roofing Legal Resource Center.

Shapiro Fussell Wedge & Martin LLP has three partners in the following pages. The “well-connected” Fielder Martin is said to be “immensely experienced”, with respondents commenting on his mediation and arbitration expertise. Ben Shapiro is a “tremendously effective lawyer” who “gets right to the point”on behalf of contractors and subcontractors. His profile is further heightened as chair-elect of the construction law section of the Atlanta Bar Association. Ira Smotherman is described a “first class litigator” and expert on construction law and government contract-related matters. Smith Gambrell & Russell LLP is another well-regarded firm. Ira Genberg acts as general counsel to the largest group of commercial and industrial owners of property in the US – its members include DuPont, Marriott Hotels, Disney, Intel and Home Depot. His colleague Thomas Asselin has an “impressive engineering background” to complement his “formidable” legal abilities. He is also renowned for his legal work both domestically and overseas on commercial and infrastructure projects.

Sutherland Asbill & Brennan LLP is seen as a “very fine firm for construction work”. Turner Construction, Home Depot and Helmark Steel are clients, and it has represented Neiman Marcus for over 20 years in new store construction projects throughout the US. The firm obtained the largest award ever ordered in AAA construction arbitration on behalf of the prime contractor, from a claim arising out of a $225 million mixed-use development project in Philadelphia. Jennifer Fletcher is team leader of the construction industry practice group and “one hell of a lawyer” according to our sources. “Tremendous in all modes of dispute resolution”, she is a fellow in the American College of Construction Lawyers, who was recommended to us for winning the largest construction jury verdict in Nevada in 2003. Also included from the firm is Lee Davis, a “skilled litigator of large disputes”. Rated highly by our sources, he is known for his work on behalf of the contractor building a steel galvanizing line involving issues of delayed and accelerated work in a 10-month jury trial. He was lead counsel for the owners on a power plant built for a large utility, defending against the contractor’s delay and acceleration claims. His skill at contract drafting and negotiation also drew praise from our sources.

John Hinchey, King & Spalding LLP’s sole nominee from the Atlanta office, is an “undisputed leader in this field.” He can count Wal Mart, Turner Broadcasting System and The Coca-Cola Company among his construction clients, and was responsible for the negotiation and drafting of design and construction agreements for the 1996 Summer Olympic Games. Interviewees were effusive in their praise, with descriptions ranging from “bright and meticulous” to “one of the top lawyers in the country”. Hinchey has served as chair of the world’s largest organisation of construction lawyers, the ABA forum on the construction industry and he currently serves as secretary of the American College of Construction Lawyers, and the master panel of the AAA. Elizabeth Patrick is the standard bearer for Patrick Law Group LLC. The firm acts for Avon Products, Smith-Dalia Architects and TMC Healthcare; and Patrick herself was described as a “very fine practitioner”. She is past president of the Atlanta Bar Association’s construction law section, and was recommended for her work for hospitals and healthcare owners in particular. Frank Riggs at Troutman Sanders LLP is a “very effective litigator” who was recently involved in the negotiation of design/build agreement with the University of Central Florida in connection with the construction of a new 80,000-seat football stadium, as well as acting as litigation counsel for a steel fabricator and erector in the defence of a structural steel defects claim by a general contractor on a Corps of Engineers project for the US Air Force. Walker Ingraham at Seyfarth Shaw LLP has tried approximately 100 cases to verdict or arbitration award, and is a “real asset to his clients”. He is also known for drafting and negotiating contracts and for his work as arbitrator before the AAA.

Alston & Bird LLP has the last word in this chapter, with the nomination of John Spangler – chair of the firm’s construction law group and an “excellent choice for inclusion”. Described as “one of the best and most experienced representatives of large contractors in the US”, he has recently represented Beers-Georgia Dome, the construction manager responsible for the Georgia Dome and the Fulton-DeKalb Hospital Authority in connection with its $300 million renovation and expansion of Grady Memorial Hospital, the state’s largest hospital, in Atlanta. Respected for his contract work as well as his dispute resolution skills (he is an AAA certified construction arbitrator), “Spangler provides excellent counsel in all circumstances”.

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