Joseph Henner
Attorney
P: 470.531.3066 / M: 404.281.5055 / F: 470.531.3063 / jhenner@henscarlaw.com
2000 Riveredge Pkwy., Suite 550, Atlanta, GA 30328
For more than 30 years, Joe has represented international and national general contractors, construction managers, design- builders, and public and private owners.
Through in-house education seminars and a concentration on front-end issues, Joe partners with his clients to maximize the chances for a successful project by solving problems before they arise, minimizing potential disputes and misunderstandings, and avoiding claims. In addition to his significant experience with successful projects and resolving claims, Joe has helped clients achieve their goals through the development of successful project delivery systems and negotiation of effective contracts, as well as in partnering sessions.
In addition to traditional litigation, Joe represents clients in alternative dispute resolution procedures, including mediations and arbitrations (AAA and ICC), as well as large, multi-party litigations. He focuses on achieving the most efficient and economical resolution for his clients.
Joe has been actively involved in many large projects, including airport expansions involving airport runways, new and renovated terminals, and rental car facilities, as well as highway projects, bridges, dams, tunnels, and pipelines. Joe has a great deal of experience with stadium projects, data centers, gold and copper mines, gas-powered electric power plants, nuclear power plants, wastewater treatment plants, large parking garages, warehouses, multi-use facilities, casinos, and high-rise buildings.
Noteworthy
Chambers USA, Construction Law (2009-2010, annually since 2015)
Legal 500 US, Real Estate – Construction (2012, 2016-2018)
The Best Lawyers in America®, Construction Law and Litigation – Construction (listed annually since 2018)
Super Lawyers, "Super Lawyer," Construction/Surety, Georgia (2009)
Experience
General Contractors:
Represents Atlanta’s largest general contractor on its projects nationally. From stadiums, data centers, and airport projects, Joe provides practical advice to achieve successful projects.
Represented many large building contractors for more than 30 years. Acted as a trusted advisor to help minimize legal expenses while being part of their executive teams to discuss the viability, risk mitigation, training of staff, and successful completion of projects. These matters have involved thousands of projects, including high-rise office buildings, condominiums, stadiums, garages, mixed-use facilities, university projects, CDC projects, laboratories, and schools. They have also required a significant amount of time to review, edit, and negotiate contracts to minimize risks.
Represents a large general contractor with offices nationwide to solve daily issues, create fair contracts, and resolve any disputes.
Represented design-build contractor in arbitration seeking more than $5 million in damages for delays and changes on a public works in Georgia.
Represented construction manager at risk in disputes with mechanical and electrical subcontractors on a public infrastructure project in Utah in which the subcontractors sought more than $50 million for alleged delays, changes, inefficiencies, construction acceleration, and loss of labor productivity.
Aviation Projects and MEGA Projects:
Project counsel for the City of Atlanta
Represented the City of Atlanta concerning the design and construction of the $250 million facility for Hartsfield-Jackson Atlanta International Airport. The representation included assisting the City of Atlanta in its contract preparation, procurement of a construction manager at risk, representing the City of Atlanta in matters related to the implementation of value engineering, and negotiating component guaranteed maximum price change orders for the project that were then rolled into a guaranteed maximum price change order. The firm also provided day-to-day advice on claims avoidance and mitigation, and contract administration issues.
Hartsfield-Jackson Atlanta International Airport expansion for the City of Atlanta
Represented the City of Atlanta by providing its Law Department with ongoing legal counsel for its planned $6 billion, 10-12 year facility expansion of the world's busiest airport, Hartsfield- Jackson Atlanta International Airport, including the construction of a fifth runway, a consolidated car rental facility, and a new international terminal.
Terminal Design Team vs. City of Atlanta
Served as lead counsel to the City of Atlanta in litigation with its former designer over claims concerning the new international terminal to be built at Hartsfield-Jackson Atlanta International
Airport. Because the new international terminal, as designed, could not be built within the construction cost limitations imposed on the project, the designer's contract was terminated for default. The city received a substantial settlement.
Litigation regarding construction on the fifth runway at Hartsfield-Jackson Atlanta International Airport for the City of Atlanta
Served as lead counsel to the City of Atlanta in litigation of a $100+ million claim concerning an underrun in the fill material for the fifth runway construction project at Hartsfield-Jackson Atlanta International Airport. Prevailed on all claims through summary judgment, which was affirmed on appeal.
Counsel to the City of Atlanta related to the design construction of an elevated light rail system for Hartsfield-Jackson Atlanta International Airport
Represented the City of Atlanta on matters related to the design, building, and operation of an approximately $200 million dollar elevated light rail automated people mover connecting Hartsfield-Jackson Atlanta International Airport with its consolidated rental car agency complex.
Representation of the City of Atlanta also included providing contracts, day-to-day advice on claims avoidance, and mitigation, claims analysis and negotiation, and contract administration issues related to the light rail.
Counsel to City of Atlanta
Represented the City of Atlanta in a design-build project to replace the parking revenue control system of Hartsfield-Jackson Atlanta International Airport, including procuring a contractor to develop the necessary software, integrate the software with the equipment, and install the equipment, drafting a contract for the project, and advising client on the claims related to installation of the project.
Logan International Airport
Created the request for qualifications, the request for proposals and the construction manager at risk contract for the central garage at Logan International Airport. This involved the expansion of the garage while the garage maintained a minimum number of spaces throughout construction. The project was completed on time, on budget, with no impact on the revenue to the airport and with no injuries to passengers or workers.
Civil Projects:
Interstate 85-75 Interchange in Atlanta
Represented a large highway contractor in a lawsuit against the Georgia DOT for claims on the expansion of the interchange in downtown Atlanta. Received a significant settlement in mediation.
Route 56 in San Diego
Represented an international contractor in a lawsuit against the California DOT arising from delays and cost overruns on a highway project. Received settlement from Caltrans prior to trial.
Seven Oaks Dam
Represented a large international contractor on claims against the Army Corps of Engineers on a federal government dam built to relieve flooding in southern California. Handled front-end issues to establish the backup for the claims. The client was awarded a substantial equitable adjustment.
Pipeline Projects:
Construction dispute for a specialty contractor
Represented a pipeline contractor in a Texas state court in the defense of $40 million in claims asserted by a pipeline owner and the assertion of a $14.8 million counterclaim against the pipeline owner arising from the construction of a 31-mile pipeline project in Indiana and Illinois. During the course of this representation, we obtained rulings that: the pipeline owner was guilty of spoliation of its project emails; the pipeline owner was guilty of spoliating the surplus pipe from the project; the pricing terms in the contract were unambiguous and applied regardless of the actual costs incurred by our client, which eliminated the owner’s primary defense to $2.8 million of the claims asserted by our client; excluding evidence of settlement offers made by our client, which the owner intended to use as admissions of liability; denying the owner’s motion for summary judgment on our client’s claim for interest under the Texas Prompt Pay Act; and prohibiting the owner’s damages expert from opining that our client was responsible for the vast majority of the owner’s claims. The pipeline owner and our client subsequently settled the claims between them. The terms of the settlement are confidential.
Mining Projects:
Working with an international mining company to create templates for EPC, CM, and construction contracts to use with large engineering and construction firms for mines throughout the world.
Assisting with project issues to maximize efficiencies for output production. Assisting with training of staff to implement and execute construction processes and procedures. Handling complex disputes after project completion.
Compliance Programs:
Worked for many different companies assisting with compliance programs for government certifications, DBE compliance programs, DBE investigations, and allowable cost compliance issues on government projects. Also assisted a municipality with creating an improved program for a large MBE participation program.
Alternative Delivery Methods:
Assisted owners and contractors with the creation of alternative delivery methods. Helped to establish construction manager at risk and design-build with municipal and state governments. Created the first construction manager at risk, design-build and design-build-operate and maintain projects ever used by the City of Atlanta. Trained programs, teams, and staffs with the changed approach needed for the successful delivery of these alternative delivery methods.
International Arbitration:
International dispute for global supplier
Represented a European global supplier of electromechanical systems and services in a $150 million ICC arbitration related to the construction of a hydropower plant in a remote region of South America.
European steel manufacturer
Represented an international corporation in a $100 million ICC arbitration against an equipment supplier and its mechanical installer on the construction of a greenfield industrial project.
International business owner
Represented an international owner in a multi-party $80 million ICC arbitration related to the construction of a $1 billion industrial plant.
Education
University of Tennessee College of Law JD, 1988
University of Virginia BA, History and Government, 1985
Bar Admissions
Georgia