Maynard Nexsen

The attorneys in Maynard, Cooper & Gale's Construction Litigation practice group have extensive experience in construction-related litigation, representing numerous national, regional and local companies in a wide variety of both federal and state cases.  We have represented owners, general contractors, subcontractors, engineers, architects, and suppliers in construction-related disputes.  Our attorneys have both defended and prosecuted these cases.  While some cases have been successfully disposed of through mediation and arbitration, others have been concluded through trial and appeal.  Below is a representative sampling of some of the construction-related litigation in which we have been involved:

• Represent Birmingham Airport Authority in a citizen suit under the federal Clean Water Act based on storm-water runoff.  This lawsuit is pending in federal court in the Northern District of Alabama before Judge Inge Johnson with a trial currently scheduled for November 2008.
• Represent Eisenmann Corporation in several construction disputes arising out of projects at both the Mercedes Benz plant in Vance, Alabama and the Hyundai plant in Montgomery, Alabama.  The firm has represented Eisenmann as a general contractor as well as a subcontractor in both defending and prosecuting claims in federal and state courts in Alabama, as well as in arbitrations.
• Represent Kiva-Lodge, LLC (condominium owners association) against the general contractor with respect to disputes concerning the construction of a large condominium development in Baldwin County, Alabama.
• Represent JTM Development (owner) in a AAA mediation defending claims made by the general contractor with respect to disputes concerning the construction of a commercial/residential development at Rosemary Beach, Florida.
• Represented Health Care Realty Trust in a lawsuit in which the adverse party claimed $61 million in compensatory damages arising out of the construction of healthcare facilities.
• Represented the Birmingham Airport Authority in the development of contract documents, claims prevention, and litigation involving payment disputes, insurance coverage, allegations of defective design or construction, and disputes with contractors.
• Represented McWane Cast Iron Pipe Company (in its capacity as owner) in federal court litigation against its general contractor (McDowell-Wellman Engineering Co.) for cost overruns in the construction of an iron-ore pellitizing plant in Theodore, Alabama.  The case involved extensive discovery for over a year and was settled prior to trial.
• Represented Pacific States Cast Iron Pipe Company in a multi-million dollar dispute with its general contractor over cost overruns in the construction of a baghouse facility in Provo, Utah.
• Represented Eichleay Engineering in defending claims regarding property damage alleged to have been caused by purportedly negligent design and construction of a manufacturing facility.
• Represented Law Engineering concerning a multi-party construction dispute about the Festival Eighteen Shopping Center.
• Represented Georgia-Pacific (in its capacity as owner) in a major dispute with its general contractor (Blount Construction) relating to costs associated with the construction of a pulp plant in Zachary, Louisiana.  The matter was arbitrated for 10 days prior to settling.
• Represented Siemens Power Company (in its capacity as supplier) in litigation relating to a gas turbine for a power plant in Covington County, Alabama.
• Represented Dearborn Mid-West Conveyor Company in litigation with a subcontractor relating to the fabrication of tubular galleries for a power plant in Oak Creek, Wisconsin.
• Represented Allied Signal Corporation (in its capacity as owner) against Harbert-CoGen in connection with a construction dispute involving a co-generation facility in California.  The case related to new fluid bed technology utilized in the facility.  This matter was settled on the eve of trial.
• Represented Marriott Corporation in federal court litigation relating to the construction of hotels in Rockville, Maryland and Newport Beach, California.  This case included claims of unpaid fees, excessive changes, delays, defective design, defective administration and deficient workmanship.  It was settled after two weeks of trial.
• Represented Sonat (in its capacity as owner) in several construction disputes relating to pipeline facilities constructed for Sonat.  Represented Sonat in over 100 cases before the land commission, won judgment in U.S. District Court and defended those judgments before the Eleventh Circuit Court of Appeals.
• Represented George Boyhan in a contract dispute in connection with the construction and expansion of several Parsons & Whittmore pulp and paper mills in Monroeville, Alabama.  Mr. Boyhan supervised the construction of the entire facility in return for the payment of future royalties, the amount of which was determined by the timely and below-budget construction of the mills.  This dispute was arbitrated for three weeks in New York prior to settlement.
• Represented N.U. Gouda (in its capacity as supplier) in litigation involving refractory for a power plant in Mississippi.  This case was resolved through settlement.
• Represented Gibbs & Hill Engineering (at that time, the largest engineering company in the world) on a construction dispute with Harbert International relating to a new technology for pumping compressed air into salt brine caverns and releasing it during off-peak electrical grids.  This dispute was arbitrated for several weeks prior to the matter being settled.
• Represented Parsons & Whittmore in a construction dispute with its general contractor, Yergan Construction, relating to the construction of the Alabama River Pulp paper mill loacted in Monroeville, Alabama.  This case was tried for several weeks before an arbitration panel and was eventually appealed to the Eleventh Circuit Court of Appeals.
• Represented James H. Wilson & Associates (in its capacity as developer of Alabama's premier shopping mall, the Riverchase Galleria) in litigation asserting deficient architectural and engineering design claims against various engineering firms, including Hellmuth, Obata & Kassabaum.  The case was resolved through settlement.
• Represented Sullivan Long & Haggerty in a construction dispute in connection with a bankrupt sub-contractor and the interplay of the bonding company, St. Paul.  Our firm collected $9 million from the bonding company on behalf of the general contractor.
• Represented GAF Corporation in numerous matters related to construction disputes involving roofing materials on significant commercial jobs, including the Birmingham Airport as well as apartment complexes in Huntsville, Alabama.
• Represented Shelby Steel Fabricators, Inc. in several cases both as the plaintiff and the defendant.  As plaintiff, the steel fabricator was suing a general contractor for payments due under the contract.  As defendant, the steel fabricator was being sued by the general contractor for sums due allegedly arising from various back charges.
• Represented Warwick Construction as general contractor in lien litigation initiated by one of the subcontractors relating to a project at The Summit Mall in Birmingham, Alabama.  The case was resolved during mediation.

Maynard Cooper is committed to promoting and investing in diversity in the workplace and the community.  We have pledged ourselves to respect diversity in an atmosphere free from unwarranted bias and prejudice.  This pledge governs our hiring and personnel policies, as well as our personal relationships within the firm.  Maynard Cooper’s lawyers are also active participants in local and national organizations committed to enhancing diversity in the legal profession.  In addition, our firm and its lawyers devote significant financial and human resources to local initiatives that empower those from diverse backgrounds.

Recruitment, Retention and Promotion
Maynard Cooper embraces diversity as a hallmark of the firm and is committed to recruiting, hiring, developing and promoting attorneys without regard to gender, race, disabilities, age, religion, national origin, social or ethnic group. We recognize that our ability to provide clients with the highest quality of service in the local, national and international marketplace is strengthened by a diverse workforce, among whom differences are accepted and valued.

We are therefore committed to maintaining a multi-cultured work environment. Toward that end, the firm has taken the following specific steps (among others) to ensure that our commitment is upheld:

• We seek substantial female and minority student participation in our summer associate program, the hiring ground for the bulk of our lawyers. Of the 32 students who participated in our 2007 summer program, 17 of them were female and/or minority.
• We have made communicating our commitment to diversity a primary focus of our relationships with the law schools where we conduct on-campus interviews for prospective summer associates.
• We participate annually in the SRBLA Minority Job Fair.
• We recently expanded the list of law schools at which we conduct on-campus interviews to include Howard University School of Law.
• Our attorneys conducting on-campus interviews make a concerted effort to identify minority candidates for employment and encourage female and minority candidates to interview in our offices.
• We have participated in the annual Birmingham Bar Association Minority Law School Placement Program since its inception. Each year, this Program places a minority law student in the summer program of each participating law firm.
• We have adopted a policy enabling attorneys to work on a "flexible-hours" or part-time basis, giving them greater latitude to balance professional goals with family obligations.
• We encourage female and minority attorneys to seek leadership positions within and outside our law firm. One of our female attorneys currently serves on our firm's Executive Committee, and one of the firm's female attorneys recently served as President of the Birmingham Bar Association. We also ensure broad participation of female and minority attorneys on our firm's Recruiting Committee.
• We have participated in the American Bar Association Minority Council Demonstration for several years.

Staffing Matters
Maynard Cooper is proactive in involving our female and minority attorneys in all matters where their skill levels and seniority are appropriate for the task. Our staffing of matters includes informing, promoting and assigning female and minority attorneys to work on matters whenever possible.

Community Initiatives
Maynard Cooper’s commitment to diversity extends beyond the workplace to our community.  Our firm has chosen to invest monetary resources and human resources in local organizations that promote and empower those from diverse backgrounds. 

SpeakFirst
Maynard Cooper is making a concerted effort to create a culture that values and rewards minority student achievement in secondary as well as post-secondary education throughout our community.  One component of this effort is Maynard Cooper’s collaborative partnership with SpeakFirst: An Alabama Debate Initiative.  Beginning direct service in 2004, SpeakFirst’s mission is to enrich the academic experience of talented and motivated students from Birmingham's public high schools through participation on an “all-star” debate team.  The debate training provided by SpeakFirst develops students’ critical thinking, writing, research and public speaking skills.  Tutoring, college admissions guidance, standardized test prep and summer internships are also provided.  SpeakFirst aims to provide participating students with the skills and knowledge they need to realize their talents and participate fully in society as students, leaders and citizens. 

Maynard Cooper is pleased to be investing substantial resources into SpeakFirst.  The firm is committed to a multi-year financial gift to support the team’s operations as well as the provision of office space for daily debate practices.  In addition, our individual attorneys serve the organization through various volunteer efforts.  We are proud to report that during the last two academic years, twelve SpeakFirst students participated in 154 debate practices, 11 Saturday workshops, 19 debate tournaments, 9 cultural field trips, 7 college visits and  multiple community service projects. 

Our collaborative partnership with SpeakFirst reflects the firm's long-standing commitment to both public service and to issues of concern to communities of color.  For more information about SpeakFirst, go to http://www.impactalabama.org/speak.html.

Additional Leadership and Commitments
Maynard Cooper attorneys serve in various leadership positions that empower those of diverse backgrounds:

• Chairman of the United Way of Central Alabama 2006 Campaign, with direct responsibility for raising 35 million dollars that funds over 80 local agencies;
• Board Member and Major Gifts Committee Member of the Birmingham Civil Rights Institute;
• Member of the Lawyers Committee for Civil Rights Under Law;
• Former Member of the Alabama Advisory Committee for the United States Committee on Civil Rights;
• Former Board Chairman of Workshops, Inc. (training and sheltered employment for the severely disabled); 
• Chair of the Board for King’s Ranch, Hannah Homes (shelter for women, youth and children); 
• Board Member of Grace House Ministries (home for girls in family crisis situations); 
• Board Members of Cornerstone Schools of Alabama (private school for inner-city students); and
• Board Members of the Metropolitan YMCA (includes 10 metro branches, downtown youth center, camp and several initiatives for minority youth).

Maynard Cooper is committed financially to:

• Restoration of the Sixteenth Street Baptist Church;
• Birmingham Civil Rights Institute;
• Birmingham Athletic Partnership (an alliance of businesses and individuals that is dedicated to strengthening high school athletics in the Birmingham city schools);
• Operation New Birmingham;
• The National Conference for Community Justice; and
• CampFire USA.