Construction and Procurement Law

David’s construction and procurement law practice includes complex litigation and transactional matters for clients that range from owners, such as the state and local governments, to contractors, subcontractors, and suppliers.  He has handled litigation involving the Georgia World Congress Center and other large state and local facilities; multiple interstate, highway, and bridge projects; federal projects and military bases and housing facilities; distribution centers; courthouses; school buildings; college dormitories and athletic facilities; condominiums; and residential and commercial developments. He assists construction clients in avoiding and minimizing claims, resolving disputes, and closing out problem projects.

David’s construction law practice focuses on the following specific areas:

  • Construction owners — including private owners and state, county, and municipal entities;
  • Construction claims — asserting and defending claims for owners, contractors, subcontractors, and suppliers; and
  • Contract negotiation and drafting.

Read about each practice area below.

Owner Representation

David’s construction and procurement practice centers around owners – both public and private – and their unique needs in the construction industry.  For public owners, he provides a broad range of construction and procurement advice.  He provides guidance on each step of the public-works process, from the bidding and contract-negotiation stage through final project close-out.  David ensures that public owners comply with constitutional, statutory, regulatory, local codes and ordinances, and other legal constraints in procuring public works and services, such as rules applicable to competitive bidding and requests for proposals.  He has much experience in drafting construction, architectural, engineering, and other relevant contracts, including surety bonds.

David is a staunch advocate from the owner’s standpoint at every stage of a project.  In the contract-negotiation stage, David helps owners avoid one-sided and onerous form contracts that place owners in a difficult position at multiple points during any project.  He negotiates contracts that recognize owners typically do not have the same skill set as contractors, architects, engineers, and other service providers.  Accordingly, his contracts emphasize the responsibility of those hired by the owner.

Many owners experience the “problem project.”  David has been called upon by owners to bring these projects to completion through negotiation with stakeholders, while preserving owners’ rights against the responsible party — whether the contractor (including its surety and insurance carrier), architect, engineer, or other project participant.  In connection with such matters, he ensures owners properly identify and document instances of defective work or other performance defaults, minimize arguments of spoliation and surety discharge, and preserve all claims against the responsible parties.

Construction Claims

David pursues and defends construction claims, including claims involving non-payment, recoupment, delay, acceleration, impact, disruption, interference, lack of coordination, project mismanagement, wrongful termination, design defects and deficiencies, and differing or changed conditions.  He seeks recovery and secures collection for clients by federal bond claims (Miller Act), state law bond and lien claims, and insurance coverage.

His accounting background is a significant resource in assessing and calculating the financial impact of construction claims.  With his familiarity of accounting software, records, and costs, he can identify and recover damages which would otherwise be forfeited by the claimant.

Publications

Speaking Engagements

  • “Red Flags of Problem Projects,” IECCON – Independent Electrical Contractors Association, October 27, 2017.
  • Difficult Problems in Public Works, Bidding, Procurement, and Contracting,” Institute for City and County Attorneys, September 15, 2017.
  • Public Works Contracts & Procurement Law,” American Public Works Association, Georgia Chapter Annual Meeting, July 25, 2017.
  • “The Basics of Construction Insurance and Performance Security,” Construction Management Association of America, March 22, 2017.
  • “Key Issues of Public Works Contracts,” Georgia Association of State Facilities Administrators, September 2016.
  • “Problem Projects and How to Handle Them,” Independent Electrical Contractors Association, September 2016.
  • “Public Works Construction Tips and Liability Issues,” American Public Works Association, North Georgia Chapter, September 2016.
  • “Energy Savings Performance Contracts,” American Public Works Association, Atlanta Chapter, August 2016.
  • “FAA’s Rules on Commercial Use of Drones,” Associated General Contractors, August 2016.
  • “Legislative Issues and Workarounds,” Independent Electrical Contractors Association, January 2014.
  • “Fraud in Construction and the False Claims Act,” Construction Financial Management Association, Georgia Chapter, January 15, 2014.
  • Legal Aspects of Design in Road Construction,” American Council of Engineering Companies of Georgia, 2013 Georgia Transportation Summit, November 7, 2013.
  • Energy Savings Performance Contracts: The Georgia Perspective,” Construction Owners Association of America’s Spring Owners Leadership Conference, May 5, 2013.
  • “Energy Savings Contracts from the Owner’s Perspective,” Facilities America, Association for Facilities Engineering, September 10-12, 2012.
  • “Energy Savings Performance Contracts: The Local Government Perspective,” The 58th Annual Institute for City and County Attorneys, Athens, GA, September 8-9, 2011.