Tyler represents a variety of clients in the construction industry, including owners, general contractors, engineers, EPC contractors, design-build contractors, and subcontractors. Tyler regularly assists clients in contract negotiation and review, contract management, day-to-day legal advice, and project close out issues through the firm’s External General Counsel Services program.
Tyler has significant experience in large and complex construction projects located across the United States and overseas. He understands construction issues from the ground up and at every stage of project design, development, and construction. Among his many engagements, Tyler served as on-site project counsel on a rail project in Saudi Arabia, was seconded to an international rail design-builder in Germany, and handled disputes on major, high-profile, transportation, government, and industrial projects, comprising significant arbitration, trial, and appellate work.
In addition to his legal practice, Tyler contributes to several law journals and has also lectured on topics of construction and the law.
Noteworthy
Chambers and Partners, Construction (annually since 2021)
Georgia Super Lawyers, “Rising Star,” Construction Litigation (2017-2021)
The Legal 500 United States, “Rising Star” (2019); recommended: Real Estate – Construction (2018)
Best Lawyers, Construction Law and Litigation (annually since 2021)
Benchmark Litigation, “40 & Under Hot List” (listed annually 2018-2022)
Experience
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 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 in Texas.
Represented an international owner in a multi-party $80 million ICC arbitration related to the construction of a $1 billion industrial plant.
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 totaling more than $150 million in claims.
Represented EPC contractor on $60 million solar facility in Georgia involving nearly $10 million in claims against a lower-tier subcontractor and professional liability insurer. Secured 80% of claim value through mediation while avoiding protracted arbitration of claims.
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 general contractor before the ASBCA involving delay-related claims arising out of the renovation and repair of army barracks in Georgia.
Represented one of largest U.S.-based contractor in AAA arbitration related to the construction of a 4.8-mile paved, two-lane trail in California. Claims involve geotechnical and design issues resulting in project delays, inefficiencies, and other time-related costs.
Advised an international marine contractor, as project counsel, on contract management, dispute resolution, and contract negotiations for the company’s $1.4 billion construction of Sentinel-class fast response cutters for the US Coast Guard.
Represented an EPC contractor on two nuclear power plant units involving $1.6 billion in claims.
Represented the building contractor in a multi-party, AAA arbitration related to various payment and change order disputes on a large-scale autonomous vehicle testing track facility in Florida. Disputes exceeded $12 million involving claims for delay and inefficiency. Secured favorable settlement prior to arbitration.
Represented a national general contractor in a multimillion-dollar dispute involving a high-rise condominium project in Atlanta.
Represented a developer in an $85 million arbitration with more than a dozen parties related to the construction of a luxury condominium project in Las Vegas.
Performed an internal investigation of Foreign Corrupt Practices Act issues in Brazil, Portugal, and Africa for an international publicly traded company.
Advised a Fortune 100 company regarding contract management, dispute resolution, and contract negotiations for a mass transit system initiative in the Middle East.
Defended civil subcontractor in arbitration against multi-million dollar delay and indemnity claims on a solar project in Texas.
Publications
“Government Contracts,” Construction Law Update, Wolters Kluwer, 2016-2019
Presentations
“Boot Camp for Bidding on Federal Jobs, Pitfalls, and Federal Contract Award Processes,” 8th Annual Construction and Government Contracting Conference, October 8, 2019
“Boot Camp for Bidding on Federal Jobs and Associated Pitfalls,” 7th Annual Important Topics in Construction & Government Contracting Seminar, Atlanta, Georgia, October 9, 2018
“Subcontracts: The Masters Institute in Construction Contracts,” Federal Publications Seminar, Las Vegas, Nevada, September 22, 2017
“Federally Funded Projects: Understanding and Avoiding Getting Tripped Up By The Strings Attached,” Annual Transportation Construction Law and Regulatory Forum, Washington DC, June 2, 2016
Memberships
Atlanta Bar Association, Construction Law Section
Education
The University of Alabama School of Law JD, magna cum laude, 2009
- Lead Articles Editor, Journal of the Legal Profession
Mississippi State University BBA, Economics, cum laude, 2004
- Baseball Scholarship
Bar Admissions
Georgia
Tennessee
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.
Claims Consulting
Represented publicly traded, national general contractor on a claims consulting basis to negotiate and resolve alleged defects arising out of a $45 million runway reconstruction project in Nevada. Our team supported the contractor in navigating the defense of an Owner-asserted claim demanding that the entire runway be replaced after project completion. We secured a favorable resolution and limited the contractor’s exposure to a fraction of the Owner’s alleged claim by negotiating alternative measures to resolve the ongoing issues without formal dispute resolution.
Performed an internal investigation of Foreign Corrupt Practices Act issues in Brazil, Portugal, and Africa for an international publicly traded company.
Advised a Fortune 100 company regarding contract management, dispute resolution, and contract negotiations for a mass transit system initiative in the Middle East.
Advised an international marine contractor, as project counsel, on contract management, dispute resolution, and contract negotiations for the company’s $1.4 billion construction of Sentinel-class fast response cutters for the US Coast Guard.
Routinely advise two national contractors with $2 billion and $6 billion in annual revenues across the entire United States acting as “General Counsel” for the company. We have successfully reduced both companies’ annual legal expenditure dramatically through routine advisement and daily claims consulting.
Regularly advise subsidiary of Japanese company on day-to-day claims management and successfully reduced client’s exposure to protracted dispute resolution proceedings.
Represent one of the nations largest private contractors on daily claims management, job close-outs and settlements.
Government Contracts, Claims
Represented construction manager at risk in administrative proceedings in Maryland regarding responsibility for removal and replacement of defective materials, including successful judicial review proceedings in Maryland trial and appellate courts.
Represented owner before the Civilian Board of Contract Appeals involving the construction of the FBI’s 220,000 gross square-foot office building and 120,000-square-foot adjoining parking garage in Colorado. Dispute related to the contractual interpretation of real estate taxes and HVAC charges totaling nearly $27 million over the life of the lease.
Represented owner in appeal valued at over $20 million before the Federal Circuit Court of Appeals to resolve payment dispute between owner and General Services Administration.
Represented government contractor in Miller Act dispute in Georgia Federal Court. Successfully obtained judgment on the pleadings resulting in a full dismissal of all claims asserted against client.
Represented government contractor in million-dollar dispute under the Miller Act in Georgia Federal Court. Obtained stay of litigation to assist client in pass through claims before the Armed Services Board of Contract Appeals.
Represented large, national general contractor before the Armed Services Board of Contract Appeals in multi-million payment dispute arising out of multiple contracts for the construction, replacement, and repair of a United States Army base against the United States Army Corps of Engineers (USACE) related to numerous project delays and the assessment of liquidated damages.
Represented construction manager at risk against Georgia city in a 5-party dispute involving the construction of a $195 million new city hall, performing arts center, and open spaces. Dispute involved the city’s wrongful withholding of over $2 million in pay applications with client securing approximately 95% of its claim value through a negotiated settlement.
