Henry Parkman, a member of Sutherland's Litigation Practice Group, has more than 20 years of experience in resolving construction disputes of all types. He has tried cases before judges, juries and arbitrators and has successfully conducted numerous mediations on a wide variety of construction disputes and issues. Henry has successfully handled numerous appeals in state and federal appellate courts, as well as a variety of other commercial disputes including public procurement cases presenting constitutional issues.
In addition, Henry serves on Sutherland's Climate Change law team, working with clients to identify and capitalize on opportunities and respond to business challenges impacted by climate change policies and regulations.
Following Henry's law school graduation, he served as a law clerk for the Honorable Thomas Reavley of the U.S. Court of Appeals for the Fifth Circuit
Representative Experience
Henry has extensive experience in resolving disputes arising from other types of projects, including power plants, reservoirs, highways, bridges, runways and buildings. His recent representative experience includes:
· Serving as lead counsel for an owner in two separate cases arising out of cement plant projects. One case, resolved in arbitration, involved multi-million dollar claims arising out of the construction of a new cement manufacturing plant in Florida. The other case, successfully resolved after court litigation, involved the defense of a contractor's claim arising out of the renovation and expansion of a cement manufacturing plant in Alabama.
· Acting as lead counsel for an owner of a tire manufacturing facility in an arbitration against the design builder. The case involved a multitude of claims and counterclaims, including scheduling and delay, coordination with a specialty equipment supplier, unknown subsurface condition claims, defective work claims, structural and process piping issues, pricing issues and other extra work claims. The case involved many technical issues and the testimony of multiple expert witnesses, including geotechnical, mechanical and structural engineers.
· Representing the structural engineer in a case arising out of the collapse of a steel structure during erection. The erection subcontractor asserted claims alleging that the structural engineer's design was defective, whereas our client alleged that the collapse was attributable to erection methods. Following expert depositions, the court granted our motion for summary judgment. This decision was affirmed in the New Jersey Court of Appeals.
· In federal court in Iowa, representing a specialty subcontractor who was responsible for grouting abandoned coal mines more than 100 feet below the footprint of a new waste water equalization basin. Our client's installation method was blamed for delaying the overall project. Henry succeeded in establishing our client's entitlement to additional time and compensation based on a defective drilling and grouting specification.
· On behalf of the owner of a prominent Atlanta building, trying a defective construction case before a jury based on the contractor's substitution of materials and products represented to be equal to those specified. The contractor blamed its failures on the design specifications but we showed that the engineer's specifications and its approval of the proposed substitution were not responsible for the defects. The case settled favorably for our client just before the jury began deliberations.
Professional Honors and Awards
· Named to The Best Lawyers in America in the areas of construction law (2007-2011) and construction - litigation (2012)
· Selected for inclusion in Georgia Super Lawyers® (2007-2012)
Professional and Community Involvement
· Member, American Law Institute
Recent Publications and Speaking Engagements
· Author, "Projects on the Brink: Part I - When the Money Stops Flowing," Construction Litigation Reporter (May 2009)
· Co-author, "Resolving Problems and Disputes On Construction Projects: Handling Changes to Jobsite Conditions," Lorman Education Series Newsletters (2009)
· Author, "Cost-Plus Contracting Without a GMP - Contractor's Risks, Owner's Rights?" Construction Litigation Reporter (November 2008)
· Author, "The Economic Loss Rule Applied to Negligence Claims Against Construction Managers - Does One Size Fit All?" Construction Litigation Reporter (October 2008)
· Co-author, "Resolving Problems and Disputes on Construction Projects: Tackling Contract Performance Delays," Lorman Education Newsletters (December 2008)
· Author, "Environmental Liability of Non-Remediation Contractors," Construction Litigation Reporter (1994)
· Author, "Environmental Hazards in Construction Contracting," The Atlanta Lawyer (1993)
· Co-author, "What Can Go Wrong with Subcontractor Bonds," Constructor (1993)
· Lecturer, "Arbitration Issues," NACBA Seminar, Candler School of Theology (2007)
· Panelist, "Best Practices and Recent Developments in Arbitration," Institute of Continuing Legal Education (2005)
· Lecturer, "AIA Contract Documents: Generation Next," ABA Forum on the Construction Industry and The American Institute of Architects (1997)
· Lecturer and co-author, "Environmental Problems on the Georgia Jobsite," Federal Publications (1992)
· Lecturer, "Georgia Environmental Law," Federal Publications (1990-1991)
Industries
Construction
News
39 Sutherland Attorneys Named as 2012 Georgia Super Lawyers
March 2, 2012
More than 40 Sutherland Attorneys Recognized as 2011 Georgia Super Lawyers
March 24, 2011
Sutherland Attorneys Named 2010 Georgia Super Lawyers and Rising Stars
March 1, 2010
Sutherland Partner W. Henry Parkman elected to the American Law Institute
March 23, 2009
Legal Alerts
Legal Alert: Georgia Supreme Court Upholds Strict Interpretation of the Georgia Daubert Statute
October 20, 2010
Legal Alert: Eleventh Circuit Renders Landmark Decision On Application of the Interstate Land Sales Full Disclosure Act to Condominium Purchaser Litigation in Florida
October 5, 2009
Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors
March 9, 2009
Legal Alert: Georgia Supreme Court Imposes Stricter Guidelines for Limitation of Liability Clauses in Contracts
November 12, 2008
Legal Alert: Congress Passes Legislation Which Will Require Contractors to Self-Report Violations of Criminal and Civil Laws
July 8, 2008
Legal Alert: Federal Court Bars Surety's Counterclaims Challenging Claim Under AIA A312 Payment Bond to the Extent That They Were Available During the 45 Days Following Receipt of Claim
June 12, 2008
Legal Alert: South Carolina Supreme Court Determines that Violation of Bond Statute by Government Entity Gives Rise to Private Right of Action by Contractor
April 21, 2008
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
Publications
Projects on the Brink: Part I - When the Money Stops Flowing
May 2009 Reprinted with permission Construction Litigation Reporter
Resolving Problems and Disputes On Construction Projects: Handling Changes to Jobsite Conditions
2009 Reprinted with permission Lorman Education Series Newsletters
Resolving Problems and Disputes on Construction Projects: Tackling Contract Performance Delays
December 2008 Reprinted with permission Lorman Education Series Newsletters
Cost-Plus Contracting Without a GMP--Contractor's Risks, Owner's Rights?
November 2008 Reprinted with Permission Construction Litigation Reporter
The Economic Loss Rule Applied to Negligence Claims Against Construction Managers - Does One Size Fit All?
October 2008 Reprinted with Permission Construction Litigation Reporter
Environmental Liability of Non-Remediation Contractors
1994 Reprinted with permission Construction Litigation Reporter
What Can Go Wrong with Subcontractor Bonds
1993 Reprinted with permission Constructor
Environmental Hazards in Construction Contracting
1993 Reprinted with permission The Atlanta Lawyer
Events
NACBA Seminar
2007
Institute of Continuing Legal Education
2005
ABA Forum on the Construction Industry and The American Institute of Architects
1997
Environmental Problems on the Georgia Jobsite
1992
Georgia Environmental Law
1990-1991