Joe Henner is a partner on the firm's Construction practice team, based in the Atlanta office. Mr. Henner has represented all major participants in the industry, including international and national general contractors, construction managers, design-builders, and public and private owners.
He partners with his clients to avoid claims through in-house education seminars and solving problems before they arise by concentrating on front-end issues to avoid disputes and misunderstandings. He has significant experience in resolving claims, as well as creating successful project delivery systems, contracts, and partnering sessions. Mr. Henner handles all alternative dispute resolution procedures, including mediations and arbitrations (both AAA and ICC), as well as large, multi-party litigations. He is focused on achieving the most efficient and economical resolution for his clients.
Mr. Henner has been actively involved in many large projects, including airport expansions involving airport runways, new and renovated terminals and rental car facilities; highway projects; bridges; dams; tunnels; pipelines; gold and copper mines; gas powered electric power plants; nuclear power plants; waste water treatment plants; large parking garages; warehouses; multi-use facilities; casinos; and high rises. He has had significant experience in many sectors of the construction industry, including transportation, energy, and building construction.
Before joining Jones Walker LLP, Mr. Henner practiced in the Atlanta office of an Am Law 100 firm, where he was a partner on the Construction and Infrastructure team.
•Jones Walker LLP Recognized in the 2016 Legal 500 United States Guide
•50 Jones Walker Attorneys Ranked in Chambers USA 2016
•Jones Walker LLP Expands Construction Practice with Team in Atlanta
Adds Three Partners and Three Special Counsel
•Recognized in Chambers USA: America's Leading Lawyers for Business in the area of Construction Law (2009, 2010, 2015, and 2016)
•Recommended by Legal 500 US in the area of Real Estate and Construction (2012, 2016)
•Named a 2009 Georgia Super Lawyer in the area of Construction/Surety by Super Lawyers
Representative Matters: General Contractors: Construction litigation for national general contractor: 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.; 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.; 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.; Construction Advice and Litigation for National General Contractors: Represented many large building contractor for 25 years handling much of their work in the southeast. Act as a trusted advisor to help minimize legal expenses while being part of their executive team to discuss viability of projects, risk mitigation, training of staff and successful completion of projects. During these representations, I have worked on nearly a thousand projects, including high rise office buildings, condominiums, stadiums, garages, mixed use facilities, university projects, CDC projects, laboratories and schools. I also have spent a significant amount of time reviewing, editing and negotiating contracts to minimize risks.; Aviation Projects and MEGA Projects: Vogtle Nuclear Power Plant: Currently representing a consortium member on an EPC contract handling claims in excess of a billion dollars arising from issues with the Shield Building, Structural Modules, Licensing delays and Differing Site Conditions.; 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.; 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.; Terminal Design Team vs. City of Atlanta: Served 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, could not be built within the construction cost limitations imposed on the project, the designer's contract was terminated for default. City received a substantial settlement.; 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 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.; 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.; Logan International Airport: Created the Request for Qualifications, the Request for Proposals and the CM at Risk contract for the Central Garage at Logan International Airport. This involved the expansion of the garage while the garage maintained a minimum number of spaces throughout construction. The project was completed on time, on budget with no impact on the revenue to the airport and with no injuries to passengers or workers.; Civil Projects: Interstate 85-75 Interchange in Atlanta: Represented a large highway contractor in a lawsuit against the Georgia DOT for claims on the expansion of the interchange in downtown Atlanta. Received a significant settlement in mediation.; Route 56 in San Diego: Represented an international contractor in a lawsuit against the California DOT arising from delays and cost overruns on a highway project. Received settlement from Caltrans prior to trial.; Seven Oaks Dam: Represented a large international contractor on claims against the Army Corps of Engineers on a federal government dam built to relieve flooding in southern California. Handled front end issues to establish the backup for the claims. Client was awarded substantial equitable adjustment.; Pipeline Projects: Construction dispute for a specialty contractor: Represented a pipeline contractor in a Texas state court in the defense of $40 million in claims asserted by a pipeline owner and the assertion of a $14.8 million counterclaim against the pipeline owner arising from the construction of a 31-mile pipeline project in Indiana and Illinois. During the course of this representation, we obtained rulings that: the pipeline owner was guilty of spoliation of its project emails; the pipeline owner was guilty of spoliating the surplus pipe from the project; the pricing terms in the contract were unambiguous and applied regardless of the actual costs incurred by our client, which eliminated the owner's primary defense to $2.8 million of the claims asserted by our client; excluding evidence of settlement offers made by our client, which the owner intended to use as admissions of liability; denying the owner's motion for summary judgment on our client's claim for interest under the Texas Prompt Pay Act; and prohibiting the owner's damages expert from opining that our client was responsible for the vast majority of the owner's claims. The pipeline owner and our client subsequently settled the claims between them. The terms of the settlement are confidential.; Mining Projects: Working with International mining company to create templates for EPC, CM and construction contracts to use with large engineering and construction firms for mines throughout the world. Assist with project issues to maximize efficiencies for output production. Assisting with training of staff to implement and execute construction processes and procedures. Handling complex disputes after project completion.; Compliance Programs: Worked for many different companies assisting with compliance programs for government certifications, DBE compliance programs, DBE investigations and allowable cost compliance issues on government projects. Also assisted a municipality with creating an improved program for a large MBE participation program.; Alternative Delivery Methods: Assisted owners and contractors with the creation of alternative delivery methods. Helped to establish CM at Risk and Design-Build with municipal and state governments. Created the first CM at Risk, Design-Build and Design-Build-Operate and Maintain projects ever used by the City of Atlanta. Trained programs, teams and staffs with the changed approach needed for successful delivery of these alternative delivery methods.