Joe Henner is a partner on the firm's Construction practice team, based in the Atlanta office. He has more than two decades of experience representing clients in the construction industry. Mr. Henner works closely with public and private owners, developers, large general contractors, specialty government subcontractors, and sureties.
He partners with his clients to avoid claims through in-house education seminars and day-to-day review of projects, contracts, issues and project correspondence. His approach is to solve problems before they arise by concentrating on front-end issues and avoiding disputes and misunderstandings on the back-end of projects.
Mr. Henner has been actively involved in many high-rise, mixed-use, and condominium projects. His cases have included a wide variety of construction projects, throughout many industries around the country. Mr. Henner has also handled various alternative dispute resolution procedures including mediations and arbitrations.
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.
Mr. Henner is listed in the 2009, 2010 and 2015 editions of Chambers USA: America's Leading Lawyers for Business for Construction Law. Mr. Henner was named a 2009 Georgia "Super Lawyer" in the area of Construction/Surety by Super Lawyers magazine. In 2012, Mr. Henner was recognized by Legal 500 US in the area of Real Estate and Construction.
• 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 in the area of Real Estate and Construction (2012)
• Named a 2009 Georgia "Super Lawyer" in the area of Construction/Surety by Super Lawyers magazine
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 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.
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 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.
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.
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.
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.
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.
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 design-bid-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.
• Jones Walker LLP Expands Construction Practice with Team in Atlanta
Adds Three Partners and Three Special Counsel