Dean Marshall, a member of Sutherland's Litigation Practice Group, focuses on representing owners, general contractors, and subcontractors in complex litigation. He has successfully resolved construction claims for major municipal, industrial, and commercial construction projects.
With more than 23 years resolving construction disputes before judges, juries, arbitrators, and mediators, Dean has handled appeals in both state and federal courts. His clients include engineering, procurement, and construction (EPC) contractors, general contractors, specialty subcontractors, architects, and owners.
Dean has extensive experience in negotiating and drafting contracts for large industrial and commercial projects. He has resolved major claims, often involving the defense of claims against payment and performance bond sureties or the prosecution or defense of a mechanic's lien claim, as well as insurance coverage disputes. In addition, many cases involve breach of contract claims stemming from delays, acceleration, disputed changes, time extensions, labor inefficiencies, and quality-of-work issues.
Before beginning his practice in 1985, Dean served as a law clerk for the Honorable R. Lanier Anderson of the U.S. Court of Appeals for the Eleventh Circuit.
Representative Experience
Dean's extensive representative experience includes:
· Representing contractors in connection with construction of automotive assembly plants in Lexington, Kentucky, and Vance, Alabama.
· Representing contractors in connection with construction of power plants in Vineyard, Utah; LaPaloma, California; Midlothian, Texas; Blackstone, Massachusetts; Bellingham, Massachusetts; Bedford, New Hampshire; and Mingo Junction, Ohio.
· Advising the general contractor constructing an automated diesel motor refurbishment facility in Anniston, Alabama.
· Providing counsel to contractors constructing poultry processing facilities in Carthage, Mississippi; Decatur, Alabama; Jasper, Alabama; Baker Hill, Alabama; and Tecumseh, Nebraska.
· Advising contractors with respect to claims on hospitals in Monroe, Louisiana; Knoxville, Tennessee; and Nashville, Tennessee.
· Representing contractors, developers, and subcontractors in connection with numerous condominiums and hotels throughout the Southeast.
Professional Honors and Awards
· Named to The Best Lawyers in America in the areas of construction law (2011) and litigation - construction (2012)
Professional and Community Involvement
· Member, Forum on the Construction Industry, American Bar Association
· Member, Atlanta Bar Association
· Member, Association for the Advancement of Cost Engineering
Recent Publications and Speaking Engagements
· Author, "Projects on the Brink: Part II - Subcontractor Due Diligence Is Essential in a Depressed Economy," Construction Litigation Reporter (June 2009)
· Speaker, "Managing the Subcontractor Default," presented to Turner Construction Company
· Speaker, "Claims Avoidance Through Standard Form Revision," presented to BE&K, Inc.
· Speaker, "Expect What You Inspect," presented to HC Beck, Ltd.
· Speaker, "Construction Contracts for the 21st Century: What Is the State of the Art for Owners/Developers?" presented to The Sembler Co.
Industries
Construction
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 II - Subcontractor Due Diligence Is Essential in a Depressed Economy
June 2009 Reprinted with permission Construction Litigation Reporter
Events
Managing the Subcontractor Default
Claims Avoidance Through Standard Form Revision
Expect What You Inspect
Construction Contracts for the 21st Century: What Is the State of the Art for Owners/Developers?