ACCL Membership Directory

Lee C. Davis

  • Partner, Construction Litigation Group
  • Eversheds Sutherland (US) LLP
  • 999 Peachtree St NE
    Suite 2300
  • Atlanta, Georgia 30309-3996


  • Undergraduate: BA, magna cum laude, Phi Beta Kappa, Williams College/1978
  • Law School: Emory University School of Law/1982

Career History

With more than 30 years of construction law experience, Lee Davis serves as lead counsel in jury trials, bench trials, arbitrations and mediations. Chair of Eversheds Sutherland (US)’s Construction Industry Team and a member of Eversheds Sutherland (US)’s Litigation Practice Group, Lee’s experience as lead counsel in complex construction disputes runs the gamut of construction projects, including power plants, industrial facilities, wastewater treatment plants, hotels, resorts, condominiums, hospitals, shopping centers, office buildings and apartments. Lee resolves 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 advises major engineering, procurement and construction (EPC) contractors, general contractors, subcontractors, engineers, owners, municipal districts and material suppliers participating in large-scale industrial and commercial construction projects. For these clients, Lee has advanced and defended nine-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 (2005-2018)
  • Recognized by The Legal 500 United States in the area of construction law (2009-2010, 2015-2018)
  • Named among the elite “Leading Lawyers” list by Legal 500 United States in the area of construction (2018)
  • Named to The Best Lawyers in America in the area of litigation – construction law (2003-2019)
  • Selected for inclusion in Georgia Super Lawyers® (2004-2019)
  • Selected for inclusion in the International Who’s Who of Construction Lawyers (2012)
  • Named to Who’s Who Legal (2007)

Career History:

  • 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.

Professional Activities

  • Fellow and Board of Governors, American College of Construction Lawyers
  • Fellow, Chartered Institute of Arbitrators
  • Member, Public Contract Law and Litigation Sections and Forum on the Construction Industry, American Bar Association
  • Member, State Bar of Georgia, New York and Member of the Bar in Washington, D.C.
  • Member, Construction Committee, Construction Law Section, Atlanta Bar Association

Representative Articles, Publications, Speeches and Seminars

  • Lecturer, “Avoiding and Minimizing Disputes on EPC Projects: From Contract Through Completion,” 2018 EPC Contract Management Conference (2018)
  • Webcast Lecturer, “The Rise of Modular Construction: Emerging Commercial & Legal Issues,” Associated General Contractors of America (2016)
  • Lecturer, “The Modular Challenge: Bringing Down the Risk of Going Up,” in New York City (2015)
  • Co-Author, “Modular Construction and the Law,” Construction Today (2015)
  • Co-Author, “The Rise of Modular Construction: A Changing Legal Landscape” Journal of the American College of Construction Lawyers (2015)
  • Lecturer, “Arbitration – What Works, What Doesn’t, and What Some Trial Lawyers Just Don’t Get,” Litigation Management Supercourse (2014)
  • Lecturer, “Modular Construction on Large Projects — Understanding the Legal Complexities of Prefabrication,” State Bar of Montana – Annual Construction Law Institute (Bozeman) (2014)
  • Lecturer, “Avoiding Claims on Construction Projects: From Contract Through Warranty” (2013)
  • Lecturer, “Managing Your Own Expert in a Mega-Document Case” Litigation Management Supercourse (2013)
  • Lecturer, “Energizing Construction,” The American College of Construction Lawyers (ACCL) Annual Meeting (2011)
  • Lecturer, “Practical Construction Law,” Federal Publications (2000–2010)
  • Lecturer, “The Masters Institute in Construction Contracting,” Federal Publications (2000–2010)
  • 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)
  • 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 (2007)
  • Lecturer and Author, “Seven Ways to Avoid Claims and Legal Problems,” Federal Publications (2006)
  • 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)
  • Co-author, “Construction Law for Builders, Owners and Designers,” Griffin Cochrane & Marshall (1999)
  • Lecturer and Co-author, “Design-Build Strategies: Successful Approaches and Techniques,” American Institute for Professional Training (1999)
  • Lecturer, “American Construction Law,” Emory University School of Law Program for Russian Attorneys in Moscow, Russia (1992)
  • Lecturer and Co-author, “Environmental Problems on the Georgia Jobsite,” Federal Publications (1992)

Court Admissions

  • Court of Appeals of District of Columbia
  • U.S. Court of Appeals for the Eleventh Circuit
  • Supreme Court of Georgia
  • U.S. Court of Federal Claims
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. Supreme Court

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