James’ practice focuses on litigation and alternative dispute resolution for cases involving all aspects of the construction industry. James represents both domestic and international clients in the construction industry, including owners, general contractors, and suppliers, on projects ranging from multibillion-dollar stadium and infrastructure projects to alternative energy production projects, and greenfield industrial installations. James has represented several clients in multimillion-dollar International Chamber of Commerce (ICC) arbitrations in the construction industry. Additionally, James has experience representing clients in state and federal court in Georgia as well as other courts and in arbitrations across the country. He also assists clients in contract drafting and negotiation in advance of the construction phase. James also has experience representing clients and guiding them through mediation as part of the dispute resolution process.
While in law school, James served as a judicial intern to the Honorable Judge L. Scott Coogler of the US District Court for the Northern District of Alabama. Additionally, James served as a member of the University of Alabama School of Law Jessup International Moot Court Team, arguing as an oral advocate during competition and as a member of the Law and Psychology Review, where he served as a Lead Articles Editor.
Noteworthy
- Eagle Scout recipient (2008)
Experience
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.
Represented an international owner in a multi-party $80 million ICC arbitration related to the construction of a $1 billion industrial plant.
Represented a European global supplier of electromechanical systems and services in a $150 million ICC arbitration related to the construction of a multi-turbine hydropower plant in a remote region of South America.
Represented an international contractor in a claim before the Civilian Board of Contract Appeals related to the rehabilitation and restoration of a major national historic site.
Represented a joint venture between two national general contractors in a $25 million state-court action for a public nuisance related to the construction of a municipal emergency water supply reservoir.
Advised an international supplier of integrated mission-critical structures regarding contract drafting and negotiations for multiple projects across the country.
Represented a national general contractor in a multimillion-dollar arbitration arising from disputes regarding civil site work on three separate industrial warehouse projects in the Pacific Northwest.
Advised an international owner regarding the solicitation of bids, drafting of contracts and negotiations with successful bidders on a multibillion-dollar greenfield industrial project on the Gulf Coast.
Publications
“Keys to Successful Construction Contracts,” Construction Executive, CE This Week, May 28, 2020
“Arbitration,” Construction Law Update, Wolters Kluwer, 2020
“Arbitration,” Construction Law Update, Wolters Kluwer, 2019
“Northwest Region,” Construction Law Update, Wolters Kluwer, 2019
“Limitations of Liability: Take on the Project but Don’t Bet the Company,” ConsensusDocs Construction Newsletter, March 27, 2019
“The Federal False Claims Act: Even Routine Pay Applications Can Be a Trap,” Associated General Contractors (AGC) of America, Construction Law Newsletter, April 20, 2018
Education
The University of Alabama School of Law JD, 2017
Rhodes College BA, International Studies and Political Science, 2013
Bar Admissions
Georgia
Representative Matters
Alternative Dispute Resolution (Arbitration & Mediation)
Represented a Forbes Global 100 company during the course of construction and in arbitration related to the design and construction of a $1.2 billion data center in the Western United States, one of the largest data centers in the world; the arbitration involved eight parties plus numerous insurers and sureties in more than $150 million in claims.
Represented one of the largest civil works contractors in North America on a $130 million design-build highway and bridge project in which a multimillion-dollar arbitration award, including the recovery of attorneys’ fees, expert witness fees, and costs, was obtained.
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.
Represented design-build contractor in arbitration seeking more than $5 million in damages for delays and changes on a public works in Georgia.
Defended civil subcontractor in arbitration against multi-million dollar delay and indemnity claims on a solar project in Texas.
Represented contractor in multi-party, multi-million dollar arbitration related to delay and change order claims arising out of the department of transportation’s state-of-the-art test track facility.
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.
Represented an international owner in a multi-party $80 million ICC arbitration related to the construction of a $1 billion industrial plant.
Represented a design-builder on a $400 million highway and bridge design-build project in the Pacific Northwest involving complex and interrelated geotechnical and design issues.
Represented an international equipment supplier in arbitration related to the supply of circulating, dry flue gas desulphurization systems for the utility’s two 569-megawatt coal-fired boilers in Oklahoma. Obtained arbitration award of $12 million and zeroed out liquidated damages claims of $23 million against client.
Contract Negotiation, Drafting, and Review
Represented subsidiary of one of the oldest and largest construction companies in Japan in the negotiation of.
Negotiated data center project in Georgia.
Advised national contractor on the negotiation of various airport expansion projects in Nevada and Utah totaling more than .
Liens & Surety Claims
Represented Top-25 ENR 400 general contractor against surety related to subcontractor default for construction project at Pennsylvania State University.
Represented national general contractor against surety related to termination of subcontractor for default arising out of a construction project for the United States’ second largest telecommunications company. Successfully negotiated the reimbursement of client’s out of pocket costs including the repayment of attorney’s fees incurred by contractor without the initiation of formal dispute proceedings.
Represented clients in various jurisdictions in connection with lien filings to secure payments, including litigation over the establishment and perfection of the lien resolution.
Routinely advise clients on disputes with performance bond sureties, including negotiation of takeover or completion agreements.
