Barry McCabe, a member of Sutherland's Litigation Practice Group, has extensive and varied experience in resolving complex construction and commercial disputes. Regularly advancing and defending eight-figure claims, Barry successfully has represented clients in disputes involving a wide variety of construction projects, including power plants, stadiums, hotels, casinos, and industrial, pharmaceutical and mixed-use commercial projects.
Barry has served as lead counsel in bench and jury trials throughout the country and has handled numerous appeals in federal and state appellate courts. The majority of his trials involve multiple parties and millions of dollars in claims. A typical case involves potential breach-of-contract claims arising out of delay, acceleration, disputed changes, time extensions, labor inefficiencies, non-payment, and quality-of-work issues.
In addition to trial work, Barry has conducted many mediations. Barry regularly advises clients on dispute avoidance, contract drafting, and day-to-day project issues.
Representative Experience
Barry's trial and litigation experience includes:
· Serving as trial counsel for the contractor on a hotel/casino/retail project, including a 9.5-month jury trial, defeating more than $200 million in counterclaims and recovering principal plus interest exceeding $70 million for the client.
· Serving as lead counsel for an owner in the prosecution and defense of more than $20 million in claims arising out of the construction of an alternative energy/solar power generation plant. The matter was resolved favorably after discovery, but prior to trial.
· Serving as lead counsel for a joint venture in defense of multi-million dollar claims from an electrical subcontractor involving change orders, acceleration, and loss of efficiency claims on an NFL stadium project. The matter was tried before a judge and resulted in a zero-dollar award on all claims except the contract balance promulgated by the general contractor.
· Serving as lead counsel for an international engineering, procurement and construction (EPC) firm in defense and prosecution of multiple claims arising from hydroelectric dam projects across the country. These claims were resolved favorably prior to trial.
· Serving as lead counsel for the owner in defense of a $50 million claim by a mechanical subcontractor involving change orders, acceleration, loss of efficiency, and tort claims arising out of a hotel and casino project. The matter was tried before a judge, and after a 40-day trial with a favorable result, the case was settled for a nuisance value.
· Serving as lead counsel for a major industrial subcontractor against a contractor in defense of approximately $20 million in claims, and in pursuit of approximately $10 million in claims arising out of the construction of a power plant. The case was resolved favorably for the client in mediation prior to trial.
· Representing and defending the chief executive officer of one of the largest electrical cooperatives in the United States in civil claims arising from a member derivative action. After extensive litigation, the matter was resolved favorably for the client prior to trial, with no liability.
· Serving as lead counsel for the general contractor in a jury trial defending against $20 million in construction-related claims by the life safety contractor arising out of the construction of a hotel project. The case was tried to a jury and resolved favorably for the client prior to conclusion of the trial.
Professional Honors and Awards
· Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of construction law (2003-2011)
· Recognized by The Legal 500 United States in the area of construction law (2009)
· Named to The Best Lawyers in America in the areas of construction law (2010-2011) and litigation - construction (2012)
· Selected for inclusion in Georgia Super Lawyers® (2004-2012)
· Named among the "Legal Elite" by Georgia Trend magazine (2004)
· AV rated by Martindale Hubbell
Professional and Community Involvement
· Member, Buckhead Lions Club
· NYO Little League Coach
Recent Speaking Engagements
Barry lectures extensively about construction law and the resolution of construction disputes.
Industries
Construction
News
39 Sutherland Attorneys Named as 2012 Georgia Super Lawyers
March 2, 2012
Sutherland Attorneys, Practices Top Chambers USA 2011 Rankings
April 14, 2011
More than 40 Sutherland Attorneys Recognized as 2011 Georgia Super Lawyers
March 24, 2011
Sutherland Earns Top Chambers USA 2010 Rankings
July 7, 2010
Sutherland Attorneys Named 2010 Georgia Super Lawyers and Rising Stars
March 1, 2010
The Legal 500 United States Recognizes Sutherland
June 29, 2009
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Legal Alert: South Carolina Supreme Court Determines that Violation of Bond Statute by Government Entity Gives Rise to Private Right of Action by Contractor
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Legal Alert: Federal Court Holds Surety Must Pay Entire Claim Where it Fails to Respond Adequately Within 45 Days as Required by AIA A312 Payment Bond
October 16, 2007