Jennifer Wheatley Fletcher

Jennifer Wheatley Fletcher: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Jenny Fletcher’s legal practice involves construction industry issues exclusively. She has served as lead counsel and successfully resolved complex construction disputes throughout the country and internationally, representing construction managers, developers, general contractors, owners, municipalities and specialty contractors. Jenny is the Immediate Past President of the American College of Construction Lawyers and serves on its Executive Board.

Jenny started her construction law career with the construction focused boutique firm of Griffin Cochrane and Marshall, where she practiced as an associate and partner for more than 20 years. GCM merged in 2006 with Sutherland Asbill and Brennan, where Jenny practiced as a partner for 11 years. At Sutherland, Jenny served as the leader of the Construction Industry Practice Group, co-leader of the Litigation Practice Group, and as a member of the firm’s Executive Committee.

Jenny has served as lead counsel in many jury and bench trials, arbitrations, appellate arguments, court appearances and mediations. She has extensive jury trial experience, including winning the largest construction jury verdict in Nevada in 2003. Jenny has also settled complex cases without the need for trials and has experience in deciding cases, having served as an arbitrator on the American Arbitration Association Construction Industry Panel for the more than 25 years. Jenny is a member of the AAA Construction Mega Case Panel; is a fellow in the Chartered Institute of Arbitrators; and is co-chair of the Construction Committee for the International Institute for Conflict Prevention and Resolution.

Experience

“One of the most exciting things about the construction industry practice is the opportunity to support an industry that is leaving a tangible legacy of buildings and structures that will improve the world; it’s great to feel that you’re associated with an industry that employs so many people and contributes to our world economy.”

Experience

Represented the general contractor in $200 million in disputes regarding the environmental abatement and deconstruction of the last remaining building at Ground Zero.
Advises an international energy company and pioneer in renewable energy development on renewable energy projects throughout the United States and Canada.
Prevailed in complex, protracted dispute with owner of a major casino resort, hotel and retail project.
Obtained a favorable affirmative settlement on the eve of a three-week arbitration for an EPC contractor that designed and built a utility-grade transformer manufacturing plant in Tennessee.
Obtained a multimillion-dollar arbitration award and defeated the owner's counterclaim after a seven-day arbitration for a contractor that designed and constructed one of the first 4G LTE data networks in rural Michigan.
Represented a Canadian consortium/owner of a wind power generation facility in a dispute against a German EPC contractor regarding equipment warranty issues.
Reached a favorable settlement on behalf of the U.S. subsidiary of a Spanish company in an ICDR proceeding related to construction of the East Side Access tunneling project in New York City.
Represented a Florida based general contractor in a claim against a defaulted subcontractor arising out of a multi-family housing development in Broward County, Florida.
Represented condominium unit owners in a construction defect claim against a condominium association and contractor that replaced defective Chinese drywall in a South Florida condominium project.
Represented builder of apartments in Tampa in dispute with homeowners association.
Represented a general contractor in a dispute with a commercial building buyer and resolved the matter in mediation with no money owed by our client.
Drafts and negotiates EPC agreements for a prominent industrial contractor for several new industrial facilities across the country.
Defended the mezzanine lender for a large, multi-use complex against claims by the general contractor of lender liability following the developer and senior lender's bankruptcy and FDIC receivership.
Resolved several multimillion-dollar disputes for a contractor with the owner of a gaming clubhouse and racetrack in Hallandale, Florida

News

Press Releases

19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...

27 Eversheds Sutherland Attorneys Named 2019 Georgia Super Lawyers and Rising Stars (February 7, 2019)
Eversheds Sutherland is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, two attorneys have been ...

Eversheds Sutherland Partner Named Among Nation’s Top Women Litigators (August 8, 2018)
ATLANTA-Eversheds Sutherland (US) LLP is pleased to announce that Partner Jennifer Wheatley Fletcher has been named among the top women litigators in the country by Benchmark Litigation for the ...

18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...

Eversheds Sutherland Construction Team Nominated for Chambers USA Awards for Excellence 2018 (May 9, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that the Construction practice has been selected as a finalist for the annual Chambers USA Awards for Excellence 2018. The awards are based on ...

19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...

31 Eversheds Sutherland (US) Attorneys Named 2017 Georgia Super Lawyers and Rising Stars (February 21, 2017)
ATLANTA-Eversheds Sutherland (US) LLP is pleased to announce that 27 of the firm’s attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers. Additionally, four ...

Seven Sutherland Partners Ranked by Benchmark Litigation (October 26, 2016)
Sutherland Asbill & Brennan LLP is pleased to announce that seven of its partners will be listed in the Benchmark Litigation guide of America’s leading business litigation firms and attorneys. In ...

13 Sutherland Partners Named Among the Best in the World by Expert Guides (September 8, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 13 partners have been selected by Expert Guides as among the best legal practitioners in the world in their ...

Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...

Publications

“Legal Project Management is a discipline for planning, organizing, scheduling, budgeting and managing resources to accomplish a desired and predictable business result. When done correctly, Legal Project Management enhances predictability of costs and results, improves efficiency and creates value.”

Legal Alerts

Legal Alert: Texas Supreme Court Rules CGL Policy’s “Contractual Liability Exclusion Does Not Bar Coverage for Claims Arising From Construction Defects (January 21, 2014)
On January 17, 2014, the Supreme Court of Texas rejected a commercial general liability (“CGL”) insurer’s attempt to invoke the “contractual liability” exclusion to deny coverage under a standard CGL ...

Legal Alert: New Florida Statute Allows Limitation of Design Professional Liability (June 6, 2013)
Over the past fourteen years, third parties have been able to maintain a direct negligence cause of action against an individual design professional, such as an architect or engineer, arising out a ...

Legal Alert: State and Local Government Contractors in Georgia Face False Claims Act Liability Formerly Seen Only on Federal Jobs (May 30, 2012)

Legal Alert: Georgia Voters Approve Sweeping Overhaul of the State’s Restrictive Covenant Law (November 10, 2010)

Legal Alert: Georgia Supreme Court Upholds Strict Interpretation of the Georgia Daubert Statute (October 20, 2010)

Legal Alert: Supreme Court Clarifies Key Portion of Diversity Jurisdiction Statute (February 25, 2010)

Legal Alert: EPA Publishes New Rule to Reduce Stormwater Pollution From Construction Sites (December 22, 2009)

Legal Alert: Eleventh Circuit Renders Landmark Decision On Application of the Interstate Land Sales Full Disclosure Act to Condominium Purchaser Litigation in Florida (October 5, 2009)

Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors (March 9, 2009)

Legal Alert: Georgia Supreme Court Imposes Stricter Guidelines for Limitation of Liability Clauses in Contracts (November 12, 2008)

Articles

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

Preparing for Power Generation Projects (July/August 2015)
Construction Today
Over the next 20 years, demand for power in the United States is expected to increase approximately 1 percent annually, with worldwide demand climbing even higher. Even as demand increases, ...

International Legalities of Sustainable Construction (Winter 2014)
Journal of the American College of Construction Lawyers

Recovering Attorneys’ Fees and Costs in Construction Cases (January 2013)
American Bar Association Tort and Insurance Practice Section Winter Meeting

Expedited Arbitration Rules (Fall 2012)
JAMS Global Engineering and Construction Solutions Quarterly Newsletter

International Legalities of Sustainable Building (September 2012)

Top 10 Legal Project Management Requests (August 1, 2012)
Partnering Perspectives

Project Management for In-House Counsel (Winter 2011)
Partnering Perspectives

Constructing Power: The Near Term Outlook for Construction of Power Generation Projects in the 21st Century (Summer 2011)
Posted with permission Journal of the American College of Construction Lawyers, Volume 5, Number 2

Liability for Construction Defects (2010)
ABA Forum on the Construction Industry Meeting

Books

Discovery Deskbook II, Introduction to Discovery in the Complex Construction Case (2015)
ABA Forum on the Construction Industry Publication

Inside the Minds: Alternative Dispute Resolution-ADR Chapter (Spring 2013)
Thomson Reuters

Presentations

Construction SuperConference (December 10-12, 2018)
Eversheds Sutherland (US) attorneys Larry Dany, Jenny Fletcher and Jocelyn Weinstein attended the 33rd annual Construction SuperConference on December 10-12, 2018, in Las Vegas, Nevada. Eversheds ...

Small Business, Teaming, and Joint Ventures - Strategies for Success (October 9, 2018)
Important Topics in Construction and Government Contracting Seminar
Eversheds Sutherland (US) Partner Jenny Fletcher presents “Small Business, Teaming, and Joint Ventures - Strategies for Success” at the Important Topics in Construction and Government Contracting ...

Innovative Construction Projects in the Atlanta Region (March 9, 2018)
International Center for Dispute Prevention and Resolution
Eversheds Sutherland (US) Partner Jenny Fletcher moderates and presents on a panel Innovative Construction Projects in the Atlanta Region at the Annual Meeting of International Center for Dispute ...

Preventative Lawyering: Lessons Learned from the Construction Industry (March 2, 2018)
International Center for Dispute Prevention and Resolution
Eversheds Sutherland (US) Partner Jenny Fletcher moderates and presents on a panel Lessons Learned from Construction Industry Alternative Dispute Resolution at the Annual Meeting of International ...

Annual Meeting of American College of Construction Lawyers (February 22, 2018)
American College of Construction Lawyers
Eversheds Sutherland (US) Partner Jenny Fletcher was responsible for conceptualizing, planning, and chairing the Annual Meeting of American College of Construction Lawyers on February 22-25, 2018 in ...

Building Utopia: Best Practices Construction Risk Management (April 26, 2016)
American Bar Association Forum on Construction Law
Sutherland Partner Jenny Fletcher joins a panel to present Building Utopia: Best Practices Construction Risk Management at the 2016 Annual Meeting for the American Bar Association Forum on ...

The Rise of Modular Construction: Emerging Commercial & Legal Issues (December 8, 2015)
Construction SuperConference
Sutherland Partners Jenny Fletcher and Larry Dany present, The Rise of Modular Construction: Emerging Commercial & Legal Issues, at the Construction SuperConference in San Diego on Tuesday, ...

Webcast: Construction Contracts: What To Do When Problems Arise (May 21, 2015)
American Law Institute
Sutherland Partner Jenny Fletcher presents Construction Contracts: What To Do When Problems Arise, a webcast hosted by the American Law Institute on May 21, 2015.

Webcast: Construction Contracts: Tips for Negotiating, Drafting, and Avoiding Problems (May 11, 2015)
American Law Institute
Sutherland Partner Jenny Fletcher presents Construction Contracts: Tips for Negotiating, Drafting, and Avoiding Problems, a webcast hosted by the American Law Institute on May 11, 2015.

The Modular Challenge: Bringing Down the Risk of Going Up (March 10, 2015)
Sutherland Asbill & Brennan LLP and Navigant host a panel discussion focused on the commercial, legal and practical challenges in modular construction. The Rise of Modular Construction: ...

Awards and Rankings

Recognized as one of the top Women in Business Law for Construction by Expert Guides (2018)

Selected as a Georgia Local Litigation Star by Benchmark Litigation (2011-2017)

Recognized by The Best Lawyers in America in the areas of construction law (2006-2019) and litigation - construction (2012-2019)

Selected for inclusion in Georgia Super Lawyers (Top 100 lawyers; Top 50 female lawyers) (2004-2019)

One of three people in the U.S. who is recognized as a star individual by Chambers USA: Guide to Leading Business Lawyers in the area of construction law; top tier ranked by Chambers USA since its inception (2002-2019)

Recognized in the Guide to the World’s Leading Women in Business Law in construction (2013-2016)

Named Top 250 Women in Litigation by Benchmark Litigation (2012-2018)

Recognized by The Legal 500 United States in the area of construction (2010-2012, 2015-2018)

Named among the elite “Leading Lawyers” list by Legal 500 United States in the area of construction law (2015-2018)

Named 2013 Lawyer of the Year by Best Lawyers in Atlanta Litigation - Construction (2013)

Named among the Legal Elite by Georgia Trend magazine (2006-2007)

Listed in the International Who's Who of Business Lawyers

Construction Law Group nationally ranked by US News & World Report

(Also at Atlanta, Georgia Office)

Areas of Practice (5)

  • Construction
  • Litigation
  • Alternative Dispute Resolution
  • Complex Business Litigation
  • International Arbitration

Education & Credentials

Contact Information:
404.853.8145; 212.389.5088  Phone
www.eversheds-sutherland.com
University Attended:
University of Florida, B.A., with high honors
Law School Attended:
University of Georgia School of Law, J.D., cum laude
Year of First Admission:
2007
Admission:
Court of Appeals of Georgia; Supreme Court of New York; Supreme Court of Florida; Supreme Court of Georgia; U.S. District Court for the Middle District of Florida; U.S. District Court for the Middle District of Georgia; U.S. District Court for the Northern District of Florida; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Southern District of Florida; New York; Court of Appeals of Florida; Circuit Courts of Florida; Superior Court of Georgia; Florida; Georgia
Memberships:

Professional Activities

Member of Executive Board, and Immediate Past President, American College of Construction Lawyers
Master, Member of Executive Board, Treasurer, American Inns of Court (Lumpkin Inn of Court) and member of Executive Committee
Member, Board of Directors, Construction Section, Atlanta Bar Association
Member, Forum on the Construction Industry, American Bar Association
Member, Governing Committee, Eversheds Sutherland (US) Women Stepping Up
fellow, Chartered Institute of Arbitrators
Member, AAA Construction Mega Case Panel
Co-Chair, Construction Committee for the International Institute for Conflict Prevention and Resolution

Birth Information:
Miami, Florida, October 20, 1957
ISLN:
907374327

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Atlanta, Georgia

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