Neal Sweeney has practiced for almost 25 years exclusively in the area of construction law and public contracts, with further concentration in large public works projects. Some of his major cases involved Tren Urbano - San Juan, Puerto Rico's commuter rail system, a high-rise hospital in Los Angeles impacted by the Northridge Earthquake, one of the largest earth and rock filled dams in the United States, various projects at a Trident Nuclear Submarine base, and the Miami Performing Arts Center.
Mr. Sweeney has extensive experience in various forms of construction alternative dispute resolution (ADR) techniques, including dispute review boards, mediation and structured negotiation. He has handled claims, litigation and arbitration involving many federal agencies, including the Veterans Administration, GSA, Bureau of Prisons, U.S. Army Corps of Engineers, and other public and private owners.
Mr. Sweeney was listed as #1 in the 2011 edition of Chambers USA: America's Leading Lawyers for Business for Construction Law and he was also listed in the 2009 edition. Mr. Sweeney was recognized in The Best Lawyers in America® for Construction Law in 2012 and the five years immediately preceding. He earned recognition in The International Who's Who of Business Lawyers for 2009 and 2011 and The International Who's Who of Construction Lawyers in 2010. Mr. Sweeney was named a Georgia "Super Lawyer" in Government Contracts in 2009 and in Construction Litigation in 2012 and the three years immediately preceding by SuperLawyers magazine. In 2011, he was recommended by Legal 500 US in the area of Real Estate and Construction Law. Mr. Sweeney is AV® rated by Martindale-Hubbell.
Professional & Community Activities
Atlanta Bar Association, Construction Law Section, Chair (2010-2011)
American Arbitration Association, National Panel of Arbitrators, Member
American Bar Association, Forum Committee on the Construction Industry and the Public Contract Law Section, Member
Chastain Park Conservancy, Advisory Board Member
State Bar of Georgia, Member
Design-Build Institute of America, Southeast Chapter, Immediate Past President
Industries
Construction & Infrastructure; Water & Wastewater
Experience
Construction litigation for city sewerage district, Represented the construction company engaged in a multibillion dollar Deep Tunnel and Pollution Abatement Program to repair and expand the Milwaukee metropolitan area sewers, wastewater conveyance and treatment system. We represented the client in connection with contractor claims arising out of the construction of several deep shafts and the main conveyance and storage tunnel for the system some 300 feet below the City of Milwaukee. Known as the North Shore Tunnel, that tunnel was approximately six miles long and 32 feet in diameter. It was mined with a tunnel boring machine. Our representation included handling litigation in Wisconsin state court involving contractor claims for delay, inefficiency, defective design and differing site conditions arising out of slurry wall construction and ground freezing for temporary support of deep shafts. Those claims eventually were settled in mediation. The construction costs for the North Shore Tunnel eventually ran over the contract lump sum price. We led a team of industry professionals in an investigation of these cost overruns. As a result of that investigation, we determined that the program manager and design engineer bore a significant degree of responsibility for the cost overruns, due to inadequacies and deficiencies in the preparation of the plans and specifications. We then prosecuted a claim on behalf of our client in federal court against the tunnel's program manager and design engineer for damages related to inadequate preparation of the plans and specifications. That claim also was settled after mediation, with a substantial payment to our client.
Performing arts center project, Represents the construction manager in the resolution of multimillion dollars in claims related to alleged defective design on this $300 million, performing arts center project.
Construction litigation for transportation company, Represent the public owner on the largest construction project undertaken in the United States. We have been working with the owner's team, including local counsel, for the past four years defending major contractor claims involving differing site conditions, impacts and inefficiencies associated with excavation work and other alleged delays and changes. In the same manner as FIDIC-format construction documents provide, all project disputes are presented to a disputes review board (DRB). Our extensive DRB experience preparing, evaluating, presenting and defending claims has been particularly beneficial to the public owner.
Construction litigation claims for large supplier of hydroelectric equipment, Represent one of the world's largest suppliers of hydroelectric equipment and are presently defending and asserting claims involving a hydroelectric project in Minnesota.
Construction litigation claims for supplier of hydroelectric equipment, Represent one of the world's largest suppliers of hydroelectric equipment and are presently defending and asserting claims involving a hydroelectric project near San Diego, California. The dispute involves claims exceeding $30 million among the owner, designer, equipment supplier, and contractor.
Counsel for a large design/build/operate/maintain contractor, Represents a Fortune 100 design/build/operate/maintain contractor for a heavy rail mass transit system in the Caribbean. We serve as on-going counsel on this unique, eight-year construction project. Case is pending.
Construction dispute representation for a U.S.- based construction company, Represented a Florida construction company in claims against the U.S. Army Corps of Engineers regarding The Seven Oaks Dam in Southern California. The Seven Oaks Dam was the largest civil works project under construction by the Corps at the time and was and still is the largest earthen dam ever built in North America. The client encountered differing site conditions and defective specifications during construction of the dam, and filed to recoup the extra costs it incurred. The first trial arose from the Corps' imposition of restrictions on sources of water to be used during construction of the dam. The construction company argued that the contract warranted that these water sources would be available, free of charge, for the contractor's use during construction. After a two-week trial before the Engineering Board of Contract Appeals (now part of the Armed Services Board of Contract Appeals), the board ruled in favor of our client. The firm subsequently represented the client in two more trials before the Board of Contract Appeals, which ran back-to-back for four weeks. These trials involved two claims for differing site conditions and defective specifications for the materials specified for the drain and for the downstream faces of the dam. After a month long trial, the Corps agreed to settle these claims through a highly structured mediation process. The Corps also agreed to mediate the client's largest claim which stemmed from the placement of 15 million cubic yards of material on the upstream face of the dam, and involved the interpretation of the specifications and boring logs applicable to the excavation and placement of the material, express and constructive changes to the work by the Corps, and differing site conditions at the borrow area. The mediation was successful, and the Corps ultimately agreed to resolve all of the outstanding claims on the dam. Our total recovery for the client on this project exceeded $40 million.
Construction litigation for a real estate and construction-related services company, Represented a real estate and construction-related services company in a case involving a high-rise hospital in Los Angeles impacted by the Northridge Earthquake.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
01 April 2009, Government Contracts
Source: 2009 Construction Law Update, Other Publications
01 April 2008, Government Contracts
Source: 2008 Construction Law Update, Other Publications
05 October 2005, Prelitigation Advice For Change Order Claims
Source: 2005 Construction Law Update, Articles
04 October 2005, Construction Law Update 2005
Source: Aspen Publishers, Inc., Books
15 July 2005, Prelitigation Advice for Change Order Claims
Source: 2005 Construction Law Update, Articles
01 January 2004, 2004 Construction Law Update
Source: Aspen Publishers, Articles
21 May 2002, 2002 Construction Law Update
Source: Aspen Publishers, Articles
10 October 2001, Design-Build Contracting with the Federal Government
Source: 2001 Construction Law Update, Articles
01 April 2001, Construction Law Update 2001
Source: Aspen Publishers, Articles
01 September 2000, Owner Participation Required
Source: 2000 Wiley Construction Law Update, Articles
01 January 2000, 2000 Wiley Construction Law Update
Source: Aspen Publishers, Inc., Articles
01 September 1999, The General Contractor's Perspective
Source: Design-Build Contracting Claims, Articles
01 September 1999, Holding Subcontractors to Their Bids/Edition II
Source: West Group, Articles
01 August 1999, Who's in Charge Here?
Source: Water Environment Federation, Articles
15 July 1999, The General Contractor's Perspective
Source: Aspen Publishers, Articles
01 September 1998, Coordination Responsibilities on Multi-Prime Projects
Source: Federal Publications Inc., Articles
15 July 1996, Winning Strategies for Proving and Pricing Construction Claims
Source: Wiley Law Publications, Articles
01 January 1996, Winning Strategies for Proving and Pricing Claims
Source: Wiley Construction Update, Articles
01 January 1991, Keys to Success In Avoiding and Managing Claims
Source: 1991 Wiley Construction Law Update, Articles
News
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases
22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases
15 June 2011, Kilpatrick Townsend Recognized by Prestigious 2011 Legal 500 US, News Releases
13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases
02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases
24 September 2010, Twenty-Seven Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Business Lawyers, News Releases
07 September 2010, Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Construction Lawyers, News Releases
12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases
14 July 2010, Construction Industry's Leading Legal Guide Updated for 2010, News Releases
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
20 May 2010, Kilpatrick Stockton Partner Neal Sweeney Sworn in as Chair of the Atlanta Bar Association Construction Law Section, News Releases
04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases
04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 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
03 June 2009, Construction Industry's Leading Legal Guide Updated for 2009, News Releases
08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases
02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases
Events
14 February 2012, 2012 Construction Law Seminar, Events
30 April 2010, 2nd Annual Transportation Construction Law & Regulatory Forum, Events
27 August 2009, ARTBA Webinar Series: Risk Management and Dispute Resolution on Major Projects: Meeting the Challenges on P3 Design-Build and Multi-Prime Jobs, Events
15 April 2009, Managing Transportation Projects to Avoid Legal Pitfalls, Events
03 February 2009, The American Council of Engineering Companies presents: Limiting Liability and Managing Risks Through Contract Provisions: Ceilings, Floor and Trap Doors, Events
08 January 2009, Getting Paid and Protecting Your Interests in Today's Construction Market, Events
14 February 2008, Neal Sweeney Presenting at the 2008 Design-Build for Water/Wastewater Projects Conference, Events
24 January 2008, Neal Sweeney Presenting at the January DBIA Luncheon in Atlanta, Events
12 December 2007, 22nd Annual Construction Superconference, Events
18 September 2007, 2007 Mega Meeting- Neal J. Sweeney Moderates, Events
17 July 2007, The Masters Institute in Construction Contracting, Events
(Also at New York, New York Office)