Law School:
University of Virginia 1973
Graduate/Undergraduate:
Tufts University 1968
Practice Areas:
Construction Law
Alternative Dispute Resolutions
The late DAVID R. HENDRICK was a founding Partner of Hendrick, Phillips, Salzman and Flatt; his legacy and impact in the field of Construction Law leaves an indelible mark on a national level for his contributions throughout his career.
David Hendrick, as senior partner in the firm, engaged in counseling, advising and serving clients involved in the construction industry for over 40 years. His practice focused primarily on construction contracting and claim matters, dispute avoidance and resolution, and litigation matters involving public and private construction contracts.
He was a Fellow in, and served as President (1995-6) of, the American College of Construction Lawyers, an honorary elective society comprising lawyers throughout the United States and certain foreign countries distinguished for their skill, experience and accomplishments and their high standards of professional and ethical conduct in the practice of the specialized field of construction law. He served as Chairman of the Construction Law Section of the Atlanta Bar Association.
He served as Chairman of the Steering Committee of the American Bar Association Forum on the Construction Industry, Division 9 (Subcontractors Suppliers and Material Fabricators) and as a member of the Steering Committee for Division 4 (Construction Management, Design Build & Related Concepts).
Mr. Hendrick was highly recognized by his peers and by the construction industry for his accomplishments, abilities and experience; noting some of his well-deserved accolades:
- Lexis-Nexis "Martindale-Hubbell" “AV” Peer Review Rating for Ethical Standards and Legal Ability (1982-2007)(“A”: “very high to preeminent” legal ability; “V”: “very high” ethical standards. “AV” is the highest rating).(www.martindale.com/ratings )
- “Best Lawyers in America” –as one of the top construction lawyer in Georgia (2004-2007) (www.bestlawyers.com)
- “Georgia Super Lawyer” in construction law (top five percent of all practitioners) and one of “top one hundred” lawyers in Georgia (2004-2007)(www.superlawyers.com).
- “Leader in Their Field” in Georgia as one of the “Top Ranked” ("top band") construction lawyers by “Chambers USA: America's Leading Lawyers” (2004-2007) (www.chambersandpartners.com/USA)
- The International Who's Who of Construction Lawyers" (2004-2007).
- “Lawdragon 500 Leading Lawyers in America” and one of highest rated construction lawyers in Georgia by Lawdragon (publication serving the legal profession) (2005-2007) (www.lawdragon.com).
- “Who's Who Legal: Georgia – Commercial Arbitration” (First Edition 2007)(www.WhosWhoLegal.com)
- “Who's Who Legal: Georgia – Construction” (First edition 2007)(www.WhosWhoLegal.com).
Mr. Hendrick was a member of the American Arbitration Association National Panel of Arbitrators for Large, Complex Cases and served on the National Construction Dispute Resolution Council (“NCDRC”) of the American Arbitration Association. He was a member of the advisory board of the Atlanta Regional Office of the American Arbitration Association. He served as a neutral in various forms of Alternative Dispute Resolution processes arising out of the construction industry, including as an arbitrator, mediator, Dispute Review Board member and “project neutral" and, in this regard, he was involved as an arbitrator in more than three dozen large, complex construction disputes and was involved as a mediator in more than a dozen construction disputes. Mr. Hendrick earned a Bachelor of Science degree in Chemical Engineering from Tufts University in 1968 and a Juris Doctor degree from University of Virginia 1973. Prior to commencing his practice, he served as law clerk to the Honorable Albert J. Henderson, Jr., Judge of the United States District Court for the Northern District of Georgia.
ARTICLES
Mr. Hendrick authored many articles and publications for the construction industry and lectured on industry-specific topics to numerous professional and industry groups. The following presents a representative sampling:
Program Chair and Speaker: “Condominium Construction in Georgia” Lorman Education Services, Atlanta, Georgia, (September 2007);
Plenary Speaker and Author: “Lessons Learned: Anticipating And Resolving Project Disputes - If Your Project Is Special, Why Shouldn’t Your Dispute Resolution Clause Be Special?” ABA Forum on the Construction Industry, Annual Meeting, Puerto Rico (April 2007).
Co-Presenter and Author: “New” (and “Improved”?) Standard Contract Documents (AIA and CICC 2007 Documents) Contract Terms and Conditions: The Future Is Now“, American Subcontractors Association Business Forum and Convention, Tucson, Arizona (March 2007).
Co-Presenter and Author : “Contractual Considerations and Measures to Minimize or Avoid Increased Risks of Condominium Defect Litigation, Protecting and Preserving Lien Rights, the Georgia “Right to Cure” Statute,” Condominiums: Opportunities & Pitfalls in Today’s Environment, The Seminar Group, Atlanta, Georgia (March 2007).
Guest Lecturer: “Project Delivery Systems”, Georgia Institute of Technology, School of Architecture, Building Construction (September, 2006).
Speaker/Instructor and Author: “Delay and Disruption Claims in Georgia”, Lorman Program, Atlanta, Georgia (February 2006).
Speaker/Instructor and Author: “How to Succeed at Contract Changes And Claims in Georgia”, Lorman Program, Atlanta, Georgia (January 2006).
Panelist, Presenter and Author: “On The Arbitration Side - What To Do – Or Not Do – In An Arbitration: Or How Parties And Their Counsel Can Mess Up A Perfectly Good Case”, and “Presenting Or Defending Your Defect Case – Arbitrator / Mediator Perspective”, "Construction Defects - Water Intrusion & Other Calamities," The Seminar Group, Atlanta, Georgia (July 2005).
Panel Member: “Contractual Deal Killers,” Construction Owners Association of America (COAA) Spring Leadership Conference, “Tools for New Risk Strategies,” Denver Colorado (May 2005).
Speaker and Author: “Cashing In On Design-Build Projects While Protecting Your Wallet - An Advanced Course on Design-Build”, Lorman Educational Services, Savannah, Athens and Atlanta, Georgia, (January - February, 2003).
Author and Speaker: “Insurance Law: Understanding The Basics Regarding ‘Additional Insureds’", Practicing Law Institute, “Insurance Law: Understanding The Basics”, (2002 and 2003).
Presenter and Author: “Post Hearing Issues” in the Program “The Arbitration of a Construction Dispute for Beginning to End”, Co-Sponsored by Institute of Continuing Legal Education in Georgia and the American Arbitration Association, Atlanta (January 2001).
Co-Author: "Fifty State Public Construction Contracting Volume 1: Chapter 12 - Georgia Law on Public Contracting", Wiley Law Publications, John Wiley & Sons, Inc. (1996).
Co-Author: "Battling For The Bucks: The Great Contingency Payment Clause Debate", , THE CONSTRUCTION LAWYER, Journal of the Construction Industry Published by the Forum on Construction of the American Bar Association, Vol. 16, No. 3, pp. 12 et seq (July 1996).
Plenary Speaker and Author: "The Great Contingency Payment Clause Debate" as part of the program entitled, "The Great Payment Debate: Battling for the Bucks", The American Bar Association Forum on the Construction Industry and TIPS Section Fidelity & Surety Law Committee, San Francisco, California (January 1996).
Co-author: "Georgia Public Contracting," Chapter in PUBLIC CONSTRUCTION CONTRACTING IN THE FIFTY STATES, Wiley Law Publications, John Wiley & Sons, Inc. (1995).
Co-Author: "The [Georgia] Bidding Process," Chapter in GEORGIA CONSTRUCTION LAW, Shepard's/McGraw-Hill (1995).
Panel Moderator: "Understanding and Using The New AGC/ASA/ASC Standard Form of Construction Subcontract" Construction Superconference, San Francisco, California (November 1994).
Speaker: "Charting the Course to the Year 2000 - Together! Managers and Lawyers: Changing Roles and Relationships", Dispute Avoidance and Resolution Task Force (DART), University of Kentucky College of Law and Department of Civil Engineering Lexington, Kentucky (October 1994).
Panelist: "The Most Important Current Construction Cases", Construction Superconference, New York, New York (April 1994).
Author: "The General Contractor Factor" published by National Association of Credit Management (April 1993).
Co-Author: "Definition and Certification of `Claims' on Federal Public Works Under the Contract Dispute Act - Smoothing Out the Increasingly Rocky Road to Recovery," Vol. 13, No. 2 "THE CONSTRUCTION LAWYER," ABA Forum on Construction (April 1993).
Panelist: "Strategies to Win the Mediation or Arbitration," The Construction Superconference, (New York and San Francisco (1992-1993)
Program Chair and Speaker: "Critical Issues in Design Liability: Emerging Risks and Liabilities in the Shop Drawing and Submittal Process", Georgia Institute of Technology, National Symposium, Atlanta, Georgia (September 30 - October 1 1993).
Co-Author: "Pre-Arbitration Discovery," Chapter in "ADR - A PRACTICAL GUIDE TO RESOLVE CONSTRICTION DISPUTES IN THE CONSTRUCTION INDUSTRY" American Arbitration Association (1992).
Author: "The Contractor Factor," Published by the American Subcontractors Association (1992).
Co-Author: "Safeguarding Your Subcontract Rights," Published by the American Subcontractors Association (1991).
Co-Author: "Lender Liability to Constructors and Other Third Parties" Chapter, TROUBLED CONSTRUCTION LOANS LAW AND PRACTICE, Wiley Law Publications, Inc. (1991).
Seminar Speaker and Author: "When the Contractor is Defaulting or Going Bankrupt - Representing the Subcontractor" published in Manual for "Construction Litigation Superconference," San Francisco (1990, 1991) New York (1991).
Co-Author: "Formal and Informal 'Discovery' Procedures and Their Enforcement in Arbitration"; Chapter in "ALTERNATIVE DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY: WILEY LAW GUIDE TO HANDLING CONSTRUCTION DISPUTES THROUGH ARBITRATION, MEDIATION AND MINI-TRIALS," Wiley Law Publications, Inc. (1991)
Plenary Speaker and Author: "Combating Adhesion Contracts; Where Does the Buck Stop - From the Subcontractor's Perspective", published by ABA Forum on the Construction Industry in the Program Manual for the 5th Annual FCCI meeting May 1989, New Orleans, La.
Co-Author: "Representing the Owner in Disputes with Suppliers and Manufacturers" Chapter in CONSTRUCTION LITIGATION: REPRESENTING THE OWNER, SECOND EDITION (1989), Wiley Law Publications, Inc.
Co-Author: "Succeeding at Contract Changes and Claims" published by the American Subcontractors Association (1988).
Author: "Successful Subcontract Bidding" published by the American Fire Sprinkler Association (1988).
Program Speaker and Author: "The New AIA Documents," Associated Builders and Contractors, Inc. Attorneys Conference, Washington, D.C. (October 1987).
Author: "Attacking Calculations of Contractor Damages", published by Construction Education Management Corporation and ENR in its Manual "CALCULATION AND PROOF OF DAMAGES" (1987).
Author: "A New Concept: Preliminary Notice of Lien Rights", GEORGIA STATE BAR JOURNAL, Volume 19, No. 1 (August, 1982).
Co-Author: "Representing Subcontractors - Trying to Minimize the Risks", GEORGIA STATE BAR JOURNAL, Volume 14, No. 3 (February 19, 1978).
Others examples of presentations or lectures by Mr. Hendrick to construction industry and professional groups include:
Speaker: “Top Ten Things That Get Contractors into Legal Trouble on a Construction Job – And how to Avoid Them!” Associated Builders and Contractors of Georgia, Atlanta, Georgia (March 2007).
Instructor: “Pop Quiz – Are You As Smart As You Think You Are Regarding Your Legal And Contractual Rights”, Mechanical Industries Council (Mechanical Contractors Association of Georgia) Spring Management Retreat, The Inn on Biltmore Estate, Ashville, NC. (May 2006).
Instructor: “Liens and Bonds Protecting, Preserving and Asserting Your Lien and Bond Rights in Georgia”, Associated Builders and Contractors of Georgia (May 2006).
Speaker: “The New General Contractor Licensing Law – and its Application to Specialty Trade Contractors”, Georgia Roofing and Sheet Metal Contractors Association, Annual Convention, Savannah, Georgia (April 2006).
Workshop Leader: “The End Is Near! Contract Termination (prime and/or subcontract) and Your Rights," American Subcontractors Association Business Forum and Convention”, Newport Beach, California (March 2006).
Speaker: “Death by Lien Waiver and Release” and “Using the ASA-AGC-ASC Guidelines in Subcontract Negotiation”, Painting and Coating Exposition, Tampa, Florida (January 2006).
Panelist: “Mistakes Contractors Make that Lead to Disputes,” Associated Builders and Contractors, Annual Meeting, Atlanta, Georgia (January 2006).
Speaker/Instructor: “How to Succeed at Contract Changes And Claims in Alabama”, Lorman Program, Birmingham, Alabama (January 2006).
Instructor: “Killer Subcontract Clauses,” Montana Subcontractors Association (January 2006).
Panelist and Presenter: “Lien Rights”, Glass Build America (National Convention of the National Glass Association; Georgia World Congress Center, Atlanta, Georgia, (September 2005).
Presenter: “Avoidance of ‘Death by Waiver’ – Waiver and Release Forms: Traps for the Unwary,” American Subcontractors Association, Business Forum and Annual Convention, Orlando, Fla. (April 2005).
Speaker: “Ten Rules of Contracting That Will Help You Get Paid For Your Work,” Insulation Contractors Association of America, Las Vegas, Nevada (October 2004).
Speaker: “Using the AGC, ASC, and ASA Construction Guidelines in Your Contract Negotiations,” ASA Leadership Conference, Denver, Colorado (September 2004).
Speaker: “Mold Madness - How to Protect Against and Prevent “Mold” Related Claims and Liabilities,” 2003 Mechanical Industries Council Spring Meeting Retreat, Grand Hotel, Pointe Clear, Alabama (May 2003).
Speaker: “There is a New Dance in Town - Are the New Alternative Project Delivery Systems New and Improved?” ASA National Forum and Convention, New Orleans, LA., (March 2003).
Speaker: “Purchase Order Tango”, ASA National Forum and Convention, New Orleans, LA, (March 2003).
Panelist: “Arena of Contract Negotiations”, GlassBuild [National Glass Association], Convention, Atlanta, Georgia (March 2003).
Speaker: “Stealth Liability Exposure: ‘Indemnity’ Clauses, ‘Contractual Liability’ Insurance Coverage, and ‘Additional Insured’ Status - Whose Liability [and Butt] Is It Anyway”, ABC Georgia, Annual Meeting, Charleston, S. Car., (June 2002).
Speaker: “Cashing In On Design-Build Projects While Protecting Your Wallet - An Advanced Course on Design-Build”, Lorman Educational Services, Atlanta, Georgia, (February 2002).
Panelist: “The ABC’s of Construction Arbitration”, American Arbitration Association, Atlanta (August 2000).
Program Leader: “Top Twenty (or so) Contractor (and Subcontractor) Killer Clauses in Construction Contracts”, Architectural Woodwork Institute, Atlanta (August 1998).
Seminar Leader: “Construction Payment Problems, Pitfalls, Practices and Procedures,” National Association of Credit Managers, American Subcontractors Association, Roofing and Sheet Metal Contractors Association of Georgia, Georgia Wall and Ceiling Industries Association and Atlanta Floor Covering Association, Atlanta (December 1996).
Panelist: "The Subtleties of Mediation: How and When", on Program regarding “Construction Law”, Georgia Institute on Continuing Legal Education, Atlanta (November 1996).
Speaker: "Do I have To Do It Over Again - How the Legal Principles of 'Substantial Completion,' 'Substantial Compliance,' and 'Economic Waste' Can Affect and Minimize Your Liability for Nonconforming Work", American Subcontractors Association Annual Convention, Orlando, Florida (March 1996).
Speaker: "Liens and Payment Bonds: New Twists and Turns for Contractors, Subcontractors and Suppliers", Construction Education Foundation of Georgia, Atlanta, Georgia (June 1995).
Speaker: "Protecting Payment Flow in Tough Economic Times: Improve Profitability by Reducing Your Legal Risks", International Electrical Exposition and Congress, Atlanta, Georgia (June 1995).
Speaker: "A/E Liability - Metal Shop Drawings: Exposure and Remedies", Metalcon International Annual Conference and Exhibition, Atlanta, Georgia (October 1994).
Speaker: "Partnering - Love or War," American Subcontractor Association Annual Convention (March 1994).
Speaker: "Risk Allocation Through Subcontract Indemnification and Insurance Requirements", American Subcontractor Association Annual Convention (March 1994).
Speaker: "Improving Construction Contracts," American Arbitration Association Dispute Resolution Day, Atlanta, Georgia (November 1993).
Instructor: "Risk Allocation: Limiting Your Exposure", American Subcontractors Association Sixth Annual Legislative Institute, Washington, D.C. (September 1993).
Speaker: "1993 Modifications to the Georgia Lien Law and The Georgia 'Little Miller Act' Law Regarding New Notification Requirements", Construction Financial Management Association, Georgia Chapter, Atlanta, Georgia (June 1993).
Speaker: "Assuring Payment by Preserving, Protecting and Pursuing Sources of `Security,'" American Subcontractors Association Annual Meeting (1993).
Speaker: "Safeguarding Your Subcontractor Rights", the American Fire Sprinkler Association Convention, Nashville, Tennessee (November 1992).
Speaker: "Avoiding Litigation: Exploring More Efficient and Effective Alternatives for Dispute Avoidance and Resolution", Associated Builders and Contractors 1992 State Convention Amelia Island Plantation, Florida (1992).
Speaker: "Mechanics' and Materialmen's Liens - Lien Waivers and Contractor's Affidavits", Construction Law Seminar, Georgia Institute of Continuing Legal Education, Atlanta, Georgia (May 1992).
Faculty Member and Instructor: "Strengthening Subcontractor Rights Under Payment Bonds" and "When to Litigate", American Subcontractors Association Legislative Conference, Washington, D.C. (July 1992).
Speaker: "Antitrust Considerations Regarding Trade Associations," American Subcontractors Association Leadership Conference, Washington, D.C. (June 1992).
Speaker: "Lien Waivers and Contractors' Affidavits," Institute of Continuing Legal Education in Georgia, Atlanta, Georgia (May 1992).
Seminar Speaker: "Construction Law" particularly "Representing the Subcontractor and Supplier," Institute of Continuing Legal Education in Georgia, Program, Atlanta, Georgia (August 1991).
Workshop Speaker: "Winning the Battle of Subcontract Forms," National Association of Minority Contractors, Annual Meeting, Las Vegas (June 1991).
Seminar Speaker: "The Contractor Factor," American Subcontractors Association Annual Meeting, Bermuda (March 1990).
Seminar Speaker: "Avoiding Litigation," American Subcontractors Association Annual Meeting, San Diego, California (March 1990).
Seminar Speaker: "Succeeding at Contract Changes and Claims," American Subcontractors Association Management Series, Baltimore, Maryland and Denver, Colorado (1989).
Faculty Member and Instructor: "Little Miller Acts" and “Lien Statutes,” American Subcontractors Association, Legislative Institutes, Washington, D.C. (September 1989 and September 1991)
Seminar Speaker: "Succeeding at Contract Changes and Claims" (3 part program), American Subcontractors Association Annual Meeting, San Antonio, Texas (March 1989).
Faculty and Panel Member: "Design and Construction Contracts," American Bar Association National Institute (by the section of Real Property Law), Chicago (November 1988).
Seminar Speaker: "Succeeding at Contract Changes and Claims" and "The Art and Science of Bidding and Contracting for Construction Services," American Fire & Sprinkler Association Annual Convention, Marcos Island, Florida (October 1988).
Co-Program Chairman and Moderator: ABA Forum on the Construction Industry, Fourth Annual Meeting (April, 1988, Tampa, Florida)
Workshop Seminar Moderator: "Subcontractors, Materials, Supplies and Equipment Systems," ABA Forum on the Construction Industry Annual Meeting, San Francisco, California (May, 1987) and Dallas, Texas (April, 1986).
Faculty Member: "Calculation and Proof of Damages for Construction Owners and Contractors," Construction Education Management Corporation/ENR Program, Atlanta, Georgia (1987).
Program Speaker: "Recent Developments in Construction Law," Management Conference ADSC International Association of Foundation Drilling Contractors, Atlanta, Georgia (Spring 1987).
Seminar Panel Member: "Controlling Costs and Preparing for Litigation or Arbitration," American Arbitration Association, Alternative Dispute Resolution Conference, Atlanta, Georgia (1984).
Seminar Speaker: "Understanding Construction Contracts and How to Make Them Work for You and Not Against You and Your Company," American Subcontractors Association, Seattle, Washington (April 1985).
PROFESSIONAL ACHIEVEMENTS/AFFILIATIONS
Mr. Hendrick served as counsel to a number of national, state and local construction industry trade associations including the Associated Builders & Contractors of Georgia, Inc., American Subcontractors Association, Inc., Georgia Association of Mechanical Contractors, and Georgia Fire Sprinkler Association. He also worked closely with and advised other industry trade associations and groups in legislative and construction contracting, licensing and other matters such as Associated General Contractors of America, Georgia Chapter and Georgia Utility Contractor Association.
Additionally, Mr. Hendrick served as an officer or director of the following professional and industry groups and associations:
American College of Construction Lawyers, Fellow and President (1996-97)
Associated Builders and Contractors of Georgia, Inc. General Counsel (2000-2007) Board of Directors (1985 - 1994)
Associated Builders and Contractors (National), National Contract Documents Committee (Member 1988 - 1993)
American Subcontractors Association of Georgia, Inc., Board of Directors (1983 – 1984) Vice President 1984 and 1985)
American Subcontractors Association, Inc., (National); General Counsel (1993-2000);; Distinguished Service Award (1991-2000); Outstanding Service Award (1994); Industry Liaison Committee (1988 - current); Contract Document Committee (1990 - current); ASA-AGC-ASC Liaison Task Force (1991 – current); AIA Document A201 Revision Task Force (1992 -1997); ASA-AGC-ASC Model Subcontract Task Force (1997-1998)
Associated General Contractors of America, Georgia Branch, Member Governmental Agencies and Legislative Committee (2001- current)
Atlanta Bar Association, Board of Directors (1979 – 1983) and Executive Committee (1979 - 1980)
Atlanta Bar Association - Construction Law Section Founding member and Chairman (1995-96) Board of Directors (1993 - 1996)
Atlanta Council of Younger Lawyers Board of Directors (1978 – 1982); President (1980 - 1981) (ACYL received the 1980-81 American Bar Association Younger Lawyers Division "Award of Achievement" and Atlanta Bar Association "Section of the Year" Award)
Georgia Bar Foundation, Fellow (1989 - Present)
Georgia State Finance and Investment Commission - Construction Division, “General Conditions Revision” Team/Committee Member (2001-03)
Georgia Institute of Technology National Symposium Program Chair for "Critical Issues In Design Liability: Emerging Risks and Liabilities in the Shop Drawing and Submittal Process" (September 30, - October 1, 1993)
Continuing Education Advisory Committee - College of Architecture (and Building Construction) Georgia Institute of Technology, member (1997-1999)
Georgia Construction Industry Task Force on Insurance and Indemnification Co-Chair (1997-98)
American Bar Association, Forum on the Construction Industry; Division 9 (Subcontractors Suppliers and Material Fabricators) (Chairman Steering Committee) (1986 - 1989); Division 4 (Construction Management, Design Build & Related Concepts) (Member Steering Committee 1993-1997); Program Chairman and Moderator, Fourth Annual Meeting, April 1988, Tampa, Florida
National Association of Minority Contractors, Member Legal Advisory Council (1992 - 1994)
REPRESENTATIVE CONSTRUCTION PROJECTS
1. Represented contractor in wrongful termination litigation involving owner, A/Es, sureties, insurers, subcontractors, in Orlando Florida, multiparty, multi lawsuit series of disputes in which initially the total spread of claims exceeded $100,000,000. After two years of intense litigation and two mediations, this was settled favorably for contractor client with the termination revoked and all direct damages paid by owner which exceeded more than $10 million, with no liability incurred for owner's cost of completion or consequential damages claimed.
2. Represented contractor in arbitration and litigation arising out of a hotel construction project in Atlanta, Georgia. Overcame owner's $ 14,000,000 claim for direct and consequential damages alleging breach and delayed completion and project abandonment and prevailed on contractor’s (and pass through subcontractor’s) claims for contract balance due. In arbitration and arbitration award was confirmed with full amount paid in settlement.
3. Represented general contractor on a series of owner-contractor law suits some of which involved also subcontractors, insurers, and sureties, arising out of large condominium projects in Myrtle Beach, South Carolina. The largest involved claims by owner for damage due to EIFS and related failures on 22 story beach front high rise and "design-build" issues and entailed claims totaling over $ 7 million. After mediation and 2 years of litigation, this matter was successfully settled with substantial participation of insurers and A/E and E & O insurers. Another dispute involved large "super sub" claims involving the owner, general contractor and sureties and insurer and entailed claims aggregating in the multiple millions of dollars. This matter was successfully arbitrated to resolution.
4. Represented controls contractor in series of large claims arising on a half billion dollar project for U.S. government in Tullahoma Tenn., New wind tunnel and exploratory facility at Arnold Jet Propulsion facility. Successfully prosecuted several claims to ASBCA and ultimately settled claim on subcontractor’s part totaling $11,000,000 for defective design docs, owner changes and delays and disruptions resulting.
5. Represented general contractor on numerous large commercial and public works projects in southeast U.S., including court house litigations, MARTA claims, commercial projects, hotels, etc. Amounts in controversy generally in the $1,000,000 plus range and involved various combinations of arbitration, mediation, litigation and administrative claims procedures. Did not suffer any adverse result in any of these matters.
6. Represented a large subcontractor in dispute with Construction Manager, owner (Atlanta) and several sureties and insurers, regarding wrongful termination claim arising out of construction of the Concourse E (International terminal at Hartsfield International terminal). Dispute resolution entailed arbitration, mediation, and bankruptcy proceedings. While in mid stream of the arbitration and in process of successful settlement negotiations the client - from south Florida - went into bankruptcy and essentially disappeared due to major problems on Florida projects in which we were not involved. [RJC v. Holder/et al]
7. Represented consortium of aligned parties, GC, and 8 trade contractors and three of those trade contractors directly) regarding a $ 20,000,000.00 ASBCA claim proceeding in the ASBCA (8 month hearings) arising out of design and construction of the NIEHS facility in research Triangle North Carolina against eh NIEHS/NIH in which our role, in addition to representation of three of the separate trade contractors, was to take the lead on all schedule related issues in this proceeding involving mostly delay and disruption type claims. Litigated to successful judgment exceeding $ 20 million and assisted in the successful defense of the judgment on appeal.
8. Represented Atlanta Public Schools in a default termination against large national GC on a major High School project. Involved litigation, mediation and summary arbitration in which substantial multi-million claims were asserted by contractor for alleged wrongful termination. Involved multiple parties including subcontractors, insurers, and sureties and completion contractor.
9. Represented City of Atlanta in several large disputes arising out of its construction of WWT plants. Largest involved a successful arbitration in defense of a claim by the GC totaling more than $19 million, three week arbitration culminating with award of less then $ 4 million (mostly only legitimate pass through claims by subs). Successfully settled several other disputes involving contractors, designers, and insurers.
10. Represented Ga. DOT in defense of several large contractors claims against out of major interstate construction and expansion projects. All entailed claims for multiple millions of dollars and were favorably litigated or negotiated to favorable resolution.
11. Represented large controls contractor in claims litigation arising out of the Seabrook Nuclear Plant construction in New Hampshire and successfully settled after a year of litigation for the amount actually claimed, which exceeded $2 million.
12. Represented general contractor in arbitration against owner bank for delay, disruption and extra work claims, with the total spread exceeding $ 2 million, arising out of construction of a bank in Pikeville, Kentucky. Favorably settled after two weeks of arbitration.
13. Represented general contractor in claim prosecution and ensuing litigation against owner relating to a prison construction project in Kentucky, involving delay and disruption claims of more than $2 million, tried in a judicial proceeding over a 6 week period resulting in a favorable ruling on entitlement. Subsequently settled.
14. Represented a general contractor in an arbitration of delay, disruption and extra work claims arising out of construction of a downtown city refurbishment project in Kentucky. Arbitration resulted in an award for the full amounts sought, exceeding $ 400,000, after 2 week arbitration proceeding.
15. Represented large mechanical and electrical trade contractors in several large school construction projects in Florida in judicial proceedings settled after mediations and significant litigation.
16. Represented large general contractor in several large disputes with subcontractors arising out of terminations on federal public works projects. Claims involved subcontractors and sureties. One was successfully settled "on the eve of trial" and the other was tried to favorable judgment, including attorneys’ fees.
REPORTED CASES
Carolina Cas. Ins. Co. v. R.L. Brown & Associates, Inc. Not Reported in F.Supp.2d, 2007 WL 174171 N.D.Ga.,2007
Carolina Cas. Ins. Co. v. R.L. Brown & Associates, Inc. Slip Copy, 2007 WL 174336 N.D.Ga.,2007.
Carolina Cas. Ins. Co. v. R.L. Brown & Associates, Inc. Slip Copy, 2006 WL 3625891 N.D.Ga.,2006.
Carolina Cas. Ins. Co. v. R.L. Brown & Associates, Inc. Not Reported in F.Supp.2d, 2006 WL 2842733 N.D.Ga.,2006.
Carolina Cas. Ins. Co. v. R.L. Brown & Associates, Inc. Not Reported in F.Supp.2d, 2006 WL 211718 N.D.Ga.,2006.
Associated Mechanical Corp., Inc. v. Martin K. Eby 67 F.Supp.2d 1375 M.D.Ga.,1999
Appeal of Metric Constructors, Inc. 98-2 BCA P 30088 Under Contract No. DACA21-94-C-0179
Associated Mechanical Contractors, Inc. v. Martin K. 964 F.Supp. 1576 M.D.Ga.,1997.
Blakeslee Arpaia Chapman, Inc. v. EI Constructors, Inc. 239 Conn. 708, 687 A.2d 506 Conn.,1997.
Greene v. Hundley 266 Ga. 592, 468 S.E.2d 350 Ga.,1996.
Appeals of Turner Const. Co., Inc., on Behalf of 90-2 BCA P 22649 Under 141–77–0066 Contract No.
Appeals of Turner Const. Co., Inc., on Behalf of 90-2 BCA P 22649 Under 141–77–0066 Contract No.
Grange Mut. Cas. Co. v. Riverdale Apartments, Ltd. 218 Ga.App. 685, 463 S.E.2d 46 Ga.App.,1995.
Polote Corp. v. Metric Constructors, Inc. 880 F.Supp. 836 S.D.Ga.,1995.
Capitol Indem. Corp. v. U.S. 41 F.3d 320 C.A.7 (Ill.),1994
Department of Transp. v. Fru-Con Const. Corp. 207 Ga.App. 180, 427 S.E.2d 513 Ga.App.,1993.
Department of Transp. v. Fru-Con Const. Corp. 206 Ga.App. 821, 426 S.E.2d 905 Ga.App.,1992
Tahoe-Vinings v. Vinings Partners 205 Ga.App. 829, 424 S.E.2d 30 Ga.App.,1992.
Transamerica Ins. Corp., Inc. for and on Behalf of 973 F.2d 1572 C.A.Fed.,1992.
Johnson Controls, Inc. v. Safeco Ins. Co. of America 936 F.2d 519 C.A.11 (Ga.),1991. Southern Steel Co., Inc. v. United Pacific Ins. Co. 935 F.2d 1201 C.A.11 (Ga.),1991.
Johnson Controls, Inc. v. Safeco Ins. Co. 261 Ga. 364, 404 S.E.2d 556 Ga.,1991. Johnson Controls, Inc. v. Safeco Ins. Co. of America 913 F.2d 907 C.A.11 (Ga.),1990.
Noro-North Plaza Holdings, N.V. v. Rare Coins of 196 Ga.App. 443, 395 S.E.2d 918 Ga.App.,1990.
Decatur North Associates, Ltd. v. Builders Glass, Inc. 180 Ga.App. 862, 350 S.E.2d 795 Ga.App.,1986.
City of Atlanta v. Brinderson Corp. 799 F.2d 1541 C.A.11 (Ga.),1986.
ADC Const. Co. v. McDaniel Grading, Inc. 177 Ga.App. 223, 338 S.E.2d 733 Ga.App.,1985
Tedford v. Roswell Village, Ltd. 173 Ga.App. 780, 328 S.E.2d 403 Ga.App.,1985
U.S. v. Johnson Controls, Inc. 713 F.2d 1541 C.A.Fed.,1983.
Briarcliff Communications Group, Inc. v. Associated Press 154 Ga.App. 369, 268 S.E.2d 356 Ga.App., 1980.
R. L. Sanders Roofing Co. v. Miller 153 Ga.App. 225, 264 S.E.2d 731 Ga.App., 1980.
McLendon Elec. Co. v. McDonough Const. Co. 149 Ga.App. 115, 253 S.E.2d 772 Ga.App., 1979.
McDonough Const. Co. v. McLendon Elec. Co. 242 Ga. 510, 250 S.E.2d 424 Ga., 1978.
Travelers Indem. Co. v. Cleveland Elec. Co. 147 Ga.App. 653, 249 S.E.2d 624 Ga.App., 1978.
Interstate Fire Ins. Co. v. Harmon 580 F.2d 184 C.A.Ala.,1978.
McLendon Elec. Co. v. McDonough Const. Co. 145 Ga.App. 137, 243 S.E.2d 537 Ga.App.,1978.
Clow Corp. v. Metro Pipeline Co., Inc. 442 F.Supp. 583 D.C.Ga. 1977
Brannon v. Whisenant 138 Ga.App. 627, 227 S.E.2d 91 Ga.App. 1976.
Fortson v. Weeks 232 Ga. 472, 208 S.E.2d 68 Ga. 1974.
DAVID HENDRICK
Author:
“Insurance Law: Understanding The Basics Regarding ‘Additional Insureds’", Practicing Law Institute, “Insurance Law: Understanding The Basics”, (2002 and 2003).
“Condominium Construction in Georgia” Lorman Education Services, Atlanta, Georgia, (September 2007);
“Lessons Learned: Anticipating And Resolving Project Disputes - If Your Project Is Special, Why Shouldn’t Your Dispute Resolution Clause Be Special?” ABA Forum on the Construction Industry, Annual Meeting, Puerto Rico (April 2007).
“New” (and “Improved”?) Standard Contract Documents (AIA and CICC 2007 Documents) Contract Terms and Conditions: The Future Is Now“, American Subcontractors Association Business Forum and Convention, Tucson, Arizona (March 2007).
“Contractual Considerations and Measures to Minimize or Avoid Increased Risks of Condominium Defect Litigation, Protecting and Preserving Lien Rights, the Georgia “Right to Cure” Statute,” Condominiums: Opportunities & Pitfalls in Today’s Environment, The Seminar Group, Atlanta, Georgia (March 2007).
“On The Arbitration Side - What To Do – Or Not Do – In An Arbitration: Or How Parties And Their Counsel Can Mess Up A Perfectly Good Case”, and “Presenting Or Defending Your Defect Case – Arbitrator / Mediator Perspective”, "Construction Defects - Water Intrusion & Other Calamities," The Seminar Group, Atlanta, Georgia (July 2005).
“Insurance Law: Understanding The Basics Regarding ‘Additional Insureds’", Practicing Law Institute, “Insurance Law: Understanding The Basics”, (2002 and 2003).
“Post Hearing Issues” in the Program “The Arbitration of a Construction Dispute for Beginning to End”, Co-Sponsored by Institute of Continuing Legal Education in Georgia and the American Arbitration Association, Atlanta (January 2001).
“The General Contractor Factor”, published by National Association of Credit Management (April 1993).
"The Contractor Factor," Published by the American Subcontractors Association (1992).
"Attacking Calculations of Contractor Damages", published by Construction Education Management Corporation and ENR in its Manual "CALCULATION AND PROOF OF DAMAGES" (1987).
"A New Concept: Preliminary Notice of Lien Rights", GEORGIA STATE BAR JOURNAL, Volume 19, No. 1 (August, 1982).
Co-Author:
“Delay and Disruption Claims in Georgia”, Lorman Program, Atlanta, Georgia (February 2006).
“How to Succeed at Contract Changes And Claims in Georgia”, Lorman Program, Atlanta, Georgia (January 2006).
“Cashing In On Design-Build Projects While Protecting Your Wallet - An Advanced Course on Design-Build”, Lorman Educational Services, Savannah, Athens and Atlanta, Georgia, (January - February, 2003).
"Fifty State Public Construction Contracting Volume 1: Chapter 12 - Georgia Law on Public Contracting", Wiley Law Publications, John Wiley & Sons, Inc. (1996).
"Battling For The Bucks: The Great Contingency Payment Clause Debate", THE CONSTRUCTION LAWYER, Journal of the Construction Industry Published by the Forum on Construction of the American Bar Association, Vol. 16, No. 3, pp. 12 et seq (July 1996).
"Georgia Public Contracting," Chapter in PUBLIC CONSTRUCTION CONTRACTING IN THE FIFTY STATES, Wiley Law Publications, John Wiley & Sons, Inc. (1995).
"The [Georgia] Bidding Process," Chapter in GEORGIA CONSTRUCTION LAW, Shepard's/McGraw-Hill (1995).
"Definition and Certification of `Claims' on Federal Public Works Under the Contract Dispute Act - Smoothing Out the Increasingly Rocky Road to Recovery," Vol. 13, No. 2 "THE CONSTRUCTION LAWYER," ABA Forum on Construction (April 1993).
"Pre-Arbitration Discovery," Chapter in "ADR - A PRACTICAL GUIDE TO RESOLVE CONSTRICTION DISPUTES IN THE CONSTRUCTION INDUSTRY" American Arbitration Association (1992).
"Safeguarding Your Subcontract Rights," Published by the American Subcontractors Association (1991).
"Lender Liability to Constructors and Other Third Parties" Chapter, TROUBLED CONSTRUCTION LOANS LAW AND PRACTICE, Wiley Law Publications, Inc. (1991).
"Formal and Informal 'Discovery' Procedures and Their Enforcement in Arbitration"; Chapter in "ALTERNATIVE DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY: WILEY LAW GUIDE TO HANDLING CONSTRUCTION DISPUTES THROUGH ARBITRATION, MEDIATION AND MINI-TRIALS," Wiley Law Publications, Inc. Co-Author: "Representing the Owner in Disputes with Suppliers and Manufacturers" Chapter in CONSTRUCTION LITIGATION: REPRESENTING THE OWNER, SECOND EDITION (1989), Wiley Law Publications, Inc. (1991)
"Representing Subcontractors - Trying to Minimize the Risks", GEORGIA STATE BAR JOURNAL, Volume 14, No. 3 (February 19, 1978).