REPRESENTATIVE EXPERIENCE Henry has extensive experience in resolving disputes arising from other types of projects, including power plants, reservoirs, highways, bridges, runways and buildings. His recent representative experience includes:
- Serving as lead counsel for an owner in two separate cases arising out of cement plant projects. One case, resolved in arbitration, involved multi-million dollar claims arising out of the construction of a new cement manufacturing plant in Florida. The other case, successfully resolved after court litigation, involved the defense of a contractor’s claim arising out of the renovation and expansion of a cement manufacturing plant in Alabama.
- Acting as lead counsel for an owner of a tire manufacturing facility in an arbitration against the design builder. The case involved a multitude of claims and counterclaims, including scheduling and delay, coordination with a specialty equipment supplier, unknown subsurface condition claims, defective work claims, structural and process piping issues, pricing issues and other extra work claims. The case involved many technical issues and the testimony of multiple expert witnesses, including geotechnical, mechanical and structural engineers.
- Representing the structural engineer in a case arising out of the collapse of a steel structure during erection. The erection subcontractor asserted claims alleging that the structural engineer’s design was defective, whereas our client alleged that the collapse was attributable to erection methods. Following expert depositions, the court granted our motion for summary judgment. This decision was affirmed in the New Jersey Court of Appeals.
- In federal court in Iowa, representing a specialty subcontractor who was responsible for grouting abandoned coal mines more than 100 feet below the footprint of a new waste water equalization basin. Our client’s installation method was blamed for delaying the overall project. Henry succeeded in establishing our client’s entitlement to additional time and compensation based on a defective drilling and grouting specification.
- On behalf of the owner of a prominent Atlanta building, trying a defective construction case before a jury based on the contractor’s substitution of materials and products represented to be equal to those specified. The contractor blamed its failures on the design specifications but we showed that the engineer’s specifications and its approval of the proposed substitution were not responsible for the defects. The case settled favorably for our client just before the jury began deliberations.
PROFESSIONAL HONORS AND AWARDS
- Named to The Best Lawyers in America in the area of construction law (2007–2010)
- Selected for inclusion in Georgia Super Lawyers® (2007–2010)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, American Law Institute
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Author, “Projects on the Brink: Part I – When the Money Stops Flowing,” Construction Litigation Reporter (May 2009)
- Co-author, “Resolving Problems and Disputes On Construction Projects: Handling Changes to Jobsite Conditions,” Lorman Education Series Newsletters (2009)
- Author, “Cost-Plus Contracting Without a GMP — Contractor’s Risks, Owner’s Rights?” Construction Litigation Reporter (November 2008)
- Author, “The Economic Loss Rule Applied to Negligence Claims Against Construction Managers — Does One Size Fit All?” Construction Litigation Reporter (October 2008)
- Co-author, “Resolving Problems and Disputes on Construction Projects: Tackling Contract Performance Delays,” Lorman Education Newsletters (December 2008)
- Author, “Environmental Liability of Non-Remediation Contractors,” Construction Litigation Reporter (1994)
- Author, “Environmental Hazards in Construction Contracting,” The Atlanta Lawyer (1993)
- Co-author, “What Can Go Wrong with Subcontractor Bonds,” Constructor (1993)
- Lecturer, “Arbitration Issues,” NACBA Seminar, Candler School of Theology (2007)
- Panelist, “Best Practices and Recent Developments in Arbitration,” Institute of Continuing Legal Education (2005)
- Lecturer, “AIA Contract Documents: Generation Next,” ABA Forum on the Construction Industry and The American Institute of Architects (1997)
- Lecturer and co-author, “Environmental Problems on the Georgia Jobsite,” Federal Publications (1992)
- Lecturer, “Georgia Environmental Law,” Federal Publications (1990–1991)