Joe Henner has represented all major participants in the construction industry, including public and private owners, developers, large general contractors, specialty government subcontractors and sureties. A significant portion of Mr. Henner's practice involves claims avoidance and educating clients through in-house seminars and day-to-day review of projects, contracts, issues and project correspondence. Mr. Henner has been actively involved in many high-rise, mixed use and condominium projects. He concentrates on front end issues in order to avoid disputes and misunderstandings. Mr. Henner has been involved in alternative dispute resolution procedures such as mediations and numerous arbitrations. His cases have involved a wide variety of construction projects, throughout many industries and throughout the country. Mr. Henner is listed in the 2009 and 2010 editions of Chambers USA: America's Leading Lawyers for Business for Construction Law. He was named a 2009 Georgia "Super Lawyer" in the area of Construction/Surety by SuperLawyers magazine. Industries Construction & Infrastructure; Water & Wastewater Experience Construction dispute for major national general contractor *, Represented a national general contractor in multimillion dollar dispute against a local hospital. The case involved significant delays and disruptions, owner directed change orders, and improper coordination with the architects. Counsel to City of Atlanta, Represented the City of Atlanta in a design-build project to replace the parking revenue control system of Hartsfield-Jackson Atlanta International Airport, including procuring a contractor to develop the necessary software, integrate the software with the equipment and install the equipment, drafting a contract for the project, and advising client on the claims related to installation of the project. Hartsfield-Jackson Atlanta International Airport Expansion for the City of Atlanta, Represented the City of Atlanta by providing its Law Department with on-going legal counsel for its planned $6 billion, 10-12 year facility expansion of the world's busiest airport, Hartsfield-Jackson Atlanta International Airport, including the construction of a fifth runway, a consolidated car rental facility and a new international terminal. Construction litigation for national general contractor, The firm served as lead counsel for a national general contractor in defense of two lawsuits in Federal Court related to high rise condominium projects owned and developed by the same owner. During the course of litigation, our attorneys successfully filed motions to dismiss as it related to the general contractor's corporate officers. The parties concluded litigation through settlement, whereby the general contractor received a large sum of money and did not pay the owner despite being the defendant in the lawsuit. Strategic acquisition by international construction company, Represented Kajima International Inc. concerning the potential risks associated with the acquisition of another major U.S. general contractor on its on-going and completed projects. Litigation regarding construction on the 5th runway at Hartsfield-Jackson Atlanta International Airport for the City of Atlanta, Served as lead counsel to the City of Atlanta in litigation of a $100+ million claim concerning an underrun in the fill material for the 5th runway construction project at Hartsfield-Jackson Atlanta International Airport. Prevailed on all claims through summary judgment, which was affirmed on appeal. Counsel on construction of the 5th Runway at Hartsfield-Jackson Atlanta International Airport for the City of Atlanta, The firm served as lead counsel to the City of Atlanta on the construction of a 5th 9,000 foot runway at Hartsfield-Jackson Atlanta International Airport. This $1.2 billion project consisted of two elements. The first element was a traditional paved runway built on nearly 19 million cubic yards of fill material brought to the site by a conveyor system. The second element was a bridge in the middle of the runway that spans an interstate highway, the only active runway that spans an interstate highway. The bridge was built using the design-build delivery method with the remainder of the runway built using the designbid- build method. The bridge is so wide that it is considered a tunnel. As lead counsel to the City on this project, the firm provided day-to-day legal advice to the construction management team regarding delay/acceleration issues, scope changes, and other related contract claims. The project was completed on schedule and under budget. Airport security access system replacement project for City of Atlanta, Represented City of Atlanta in all aspects of a project at Hartsfield-Jackson Atlanta International Airport to replace the security access control system at an airport. Counsel to the City of Atlanta related to the design construction of an elevated light rail system for Hartsfield-Jackson Atlanta International Airport, Represented the City of Atlanta on matters related to the design, building and operation of an approximately $200 million dollar elevated light rail automated people mover connecting Hartsfield-Jackson Atlanta International Airport with its consolidated rental car agency complex. Representation of the City of Atlanta also included providing contracts, day-to-day advice on claims avoidance and mitigation, claims analysis and negotiation, and contract administration issues related to the light rail. Terminal Design Team vs. City of Atlanta, Serves as lead counsel to the City of Atlanta in litigation with its former designer over claims concerning the new international terminal to be built at Hartsfield-Jackson Atlanta International Airport. Because the new international terminal, as designed, cannot be built within the construction cost limitations imposed on the project, the designer's contract was terminated for default. Case is pending. Project counsel for the City of Atlanta, Represented City of Atlanta concerning the design and construction of the $250 million facility for Hartsfield-Jackson Atlanta International Airport. The representation included assisting the City of Atlanta in its contract preparation, procurement of a Construction Manager at Risk, representing the City of Atlanta in matters related to the implementation of value engineering, and negotiating Component Guaranteed Maximum Price Change Orders for the project that were then rolled into a Guaranteed Maximum Price Change Order. The Firm also provided day-to-day advice on claims avoidance and mitigation, and contract administration issues. Counsel to the City of Atlanta for $1.2 billion international terminal at airport, Represented the City of Atlanta on issues related to the design, procurement and construction of a $1.2 billion international terminal constructed by a Construction Manager at Risk at Hartsfield-Jackson Atlanta International Airport. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 29 September 2007, Alternate Project Delivery System Status Report
Source: ACI Presentation, Other Publications 01 September 1999, The General Contractor's Perspective
Source: Design-Build Contracting Claims, Articles News 25 June 2010, Kilpatrick Stockton Again Named Leading Georgia Firm for Construction by CHAMBERS USA 2010, News Releases 15 June 2010, Kilpatrick Stockton Recognized by Prestigious 2010 Legal 500 US, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 14 July 2009, Kilpatrick Stockton Once Again Named Leading Georgia Firm For Construction by CHAMBERS USA 2009, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases Events 15 February 2012, Discovery Issues in Construction Claims - 2012 Construction Law Seminar, Events |