Chair of the Construction Industry Practice Group and a member of Eversheds Sutherland’s Litigation Practice Group, Lee has practiced construction law for more than 30 years, serving as lead counsel in complex cases in trials before both juries and judges and in 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.
Professional Honors & Awards:
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of construction law (2005-2017)
- Recognized by The Legal 500 United States in the area of construction law (2009-2010, 2015-2017)
- Named to The Best Lawyers in America in the area of litigation – construction law (2003-2018)
- Selected for inclusion in Georgia Super Lawyers® (2004-2018)
- Selected for inclusion in the International Who’s Who of Construction Lawyers (2012)
- Named to Who’s Who Legal (2007)
- Griffin, Cochran & Marshall PC – Atlanta, Georgia (1982-2006), merged with
- Sutherland Asbill & Brennan LLP – Atlanta, Georgia (2006-present)
Lee’s 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 2×1 combined cycle power plant. 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.