Lee Davis, a member of Sutherland’s Litigation Practice Group and chair of the Construction Industry Practice Group, has practiced construction law for more than 25 years, serving as lead counsel in complex cases in trials before both juries and judges, arbitration, negotiation and mediation throughout the nation and internationally. His experience as lead counsel in construction disputes runs the gamut of construction projects, including (among others) power plants, industrial facilities, wastewater treatment plants, hotels, resorts, condominiums, shopping centers, hospitals, office buildings and apartments. In his cases, Lee has resolved varied and diverse issues, including delay claims, acceleration claims, defective construction, differing site conditions, bid protests, government contracting, fraud, and constitutional matters affecting the construction industry.
Lee’s clients include major engineering, procurement and construction (EPC) contractors, general contractors, subcontractors, engineers, owners, municipal districts, and material suppliers in large industrial and commercial construction projects. For these clients, Lee has regularly advanced and defended eight-figure claims, drafted contracts and provided advice on project management and claim avoidance.
REPRESENTATIVE EXPERIENCE
Lee’s extensive representative experience includes:
- Serving as lead counsel in a 10-month jury trial representing a contractor building a steel galvanizing line involving issues of delayed and accelerated work with a jury verdict equal to 100% of its multimillion-dollar claim.
- Serving as lead counsel representing an above-ground mechanical contractor against a turbine supplier/EPC contractor in a case arising out of the construction of a 535 MW 2x1 combined cycle power plant in Utah. The case settled in mediation after limited depositions, with the client receiving an eight-figure payment (80% of the client’s contract claim) and paying nothing on the opposing party’s counterclaim.
- Serving as lead counsel for the owner of a power plant built for a large utility, defending against the contractor’s delay and acceleration claims, producing an early settlement that avoided substantial liability without the need for depositions or formal discovery, and saving time and money for the client.
- Contract drafting and negotiation (lead counsel) for the construction of a power plant and a large luxury hotel and resort.
- Representing a general contractor as lead counsel against a subcontractor building a U.S. Army helicopter base (at that time, the longest trial in the county’s history), yielding a substantial jury verdict in favor of the contractor.
- Serving as lead counsel in litigating a dispute arising out of the construction of a computer chip plant in Oregon, leading to an early, multimillion-dollar settlement for the client while other contractors on the project continued their dispute in court, arbitration and the Court of Appeals.
- Serving as lead counsel in defending the developer of a beach condominium project against substantial claims in which the developer settled without any liability, passing on all liability to third parties.
- Serving as lead counsel for an EPC contractor and electrical subcontractor in various cases involving multiple power plants in New York, Florida, New England, Canada and overseas, involving multimillion-dollar claims favorably settled without trial.
PROFESSIONAL HONORS AND AWARDS
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of construction law (2005-2011)
- Recognized by The Legal 500 United States in the area of construction law (2009, 2010)
- Named to The Best Lawyers in America in the area of litigation – construction law (2003-2012)
- Selected for inclusion in Georgia Super Lawyers® (2004-2012)
- Selected for inclusion in the International Who's Who of Construction Lawyers (2012)
- Named to Who’s Who Legal (2007)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Public Contract Law and Litigation Sections and Forum on the Construction Industry, American Bar Association
- Member, State Bar of Georgia
- Member, Construction Committee, Construction Law Section, Atlanta Bar Association
PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author, “Resolving Problems and Disputes on Construction Projects: Tackling Contract Performance Delays,” Lorman Education Series E-Newsletter (2008)
- Co-author, “Does the ‘Measured Mile’ Measure Up? When It Has, When It Hasn’t, and What May Happen Under Daubert/Kumho,” Construction Briefings (April 2007)
- Co-author, “Construction Law for Builders, Owners and Designers,” Griffin Cochrane & Marshall (1999)
- Lecturer and Co-author, “Resolving Problems and Disputes on Construction Projects: Handling Changes to Job Site Conditions and Delays,” Lorman Education Series E-Newsletter (2008)
- Program Chair, Lecturer and Co-author, “Condominium Defect Litigation,” The Seminar Group (March 28, 2007)
- Lecturer and Author, “Seven Ways to Avoid Claims and Legal Problems,” Federal Publications (2006)
- Lecturer and Co-author, “Design-Build Strategies: Successful Approaches and Techniques,” American Institute for Professional Training (1999)
- Lecturer and Co-author, “Environmental Problems on the Georgia Jobsite,” Federal Publications (1992)
- Lecturer, “Energizing Construction,” The American College of Construction Lawyers (ACCL) Annual Meeting (February 18, 2011)
- Lecturer, “Practical Construction Law,” Federal Publications (2000–2010)
- Lecturer, “The Masters Institute in Construction Contracting,” Federal Publications (2000–2010)
- Lecturer, “Basis and Procedures for the State Board’s Investigation and Pursuit of Disciplinary Actions Against Professional Engineers,” HalfMoon Seminars (2005)
- Lecturer, “Design-Build Construction,” Centers for Disease Control and Prevention in Atlanta, Georgia (2004)
- Lecturer, “Fundamentals of Construction Law,” Sterling Education Services (2004)
- Lecturer, “Construction Contracts Year in Review Conference,” Thomson-West (2003)
- Lecturer, “Construction Management,” American Institute for Professional Training and Development (2000)
- Lecturer, “American Construction Law,” Emory University School of Law Program for Russian Attorneys in Moscow, Russia (1992)
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