Jesse W. Lincoln

Jesse W. Lincoln: Attorney with Eversheds Sutherland (US) LLP

Biography

Jesse Lincoln has more than 12 years of practice as a construction lawyer, focused on litigation and arbitration of construction disputes. He represents construction industry participants at all levels (owners, architects, general contractors, design/builders, subcontractors) in litigation and arbitration.

Jesse helps resolve construction disputes involving industrial facilities, including traditional fuel power plants (coal-fired, combined cycle natural gas), solar power plants, cement plants, paper mills and manufacturing plants; mixed-use commercial developments; and technology projects involving power plant scrubbers, 4G LTE data networks and SCADA systems. He handles complex construction disputes in court and arbitration, prepares detailed construction claims, develops and prepares cases through depositions and document discovery, and tries them through judgment or arbitration award when they cannot be mutually resolved.

In addition to his primary construction litigation practice, Jesse also helps construction clients analyze their rights under applicable insurance policies.

Jesse also has extensive construction transactional experience. He prepares and negotiates design and construction contracts of all varieties and project delivery methods, including EPC contracts, design-build contracts, design contracts, consulting contracts, and construction contracts and subcontracts. His construction transactional work includes preparation and negotiation of contracts for industrial projects for various industries, large commercial projects involving construction on multiple parcels, and multi-family housing projects in various locations.

Finally, Jesse serves on the Board of Directors and chairs the Governance Committee for the Museum School, an award-winning public charter school in DeKalb County, Georgia.

Awards and Rankings

Selected for inclusion in Georgia Super Lawyers “Rising Stars” (2013, 2018-2019)

Experience

Obtained a multimillion-dollar arbitration award for an EPC contractor after a week-long “baseball” arbitration involving the design and construction of a utility-scale solar power plant in Georgia, and completely defeated eight-figure counterclaims.
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.
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.
Represented a paper mill in a dispute over delays due to design problems with expansion of the paper mill and settled the case favorably after winning several complex procedural matters.
Resolved favorably a dispute in arbitration for a cement plant owner against the contractor, who asserted $28 million in extra work and delay claims.
Resolved multiple subcontractor cases in federal court for an EPC contractor, including settling substantial disputed claims from an electrical subcontractor on favorable terms after filing a motion for partial summary judgment.
Defended international engineering company in a dispute with subcontractors regarding defective material.
Served as lead counsel representing an above-ground mechanical contractor in eight-figure claims against a turbine supplier/EPC contractor arising out of the construction of a 535 MW 2x1 combined cycle power plant in the western United States.
Serves as lead construction law counsel and advises one of the largest developers and owners of master-planned business parks on a high-profile luxury hotel to be built at one of the busiest airports in the US.
Represented the construction manager of a mixed-use, multifamily development in navigating upstream and downstream disputes regarding delays and defective work claims, and represented the client in multiple lawsuits arising out of the project.

News

In the News

Sutherland Attorneys Manage Wind, Gas and Oil Deals (December 4, 2015)
Daily Report
In an article published by the Daily Report, a number of Sutherland attorneys in Atlanta, Houston, New York and Washington DC are recognized for handling three energy deals in wind, natural gas and ...

Press Releases

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 Elects New US Partners (December 20, 2018)
Eversheds Sutherland is pleased to announce the election of six new US partners effective January 1, 2019. Eversheds Sutherland Co-CEO Mark D. Wasserman commented: “I am honored to welcome this ...

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 ...

30 Eversheds Sutherland (US) Attorneys Named 2018 Georgia Super Lawyers and Rising Stars (February 23, 2018)
Eversheds Sutherland (US) LLP 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, five attorneys have ...

Eversheds Sutherland 2016 Pro Bono Hours Add Up for Worthwhile Causes (July 31, 2017)
Eversheds Sutherland is pleased to announce that its attorneys spent more than 15,000 hours on 614 pro bono matters in 2016. The cases, which ranged from contract disputes to high-profile asylum ...

Sutherland Elects 18 New Counsel (January 14, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce the election of 18 new counsel, effective January 1, 2016. “Each of these attorneys provides excellent service to our ...

Sutherland Represents Magnolia LNG LLC in $4.354 Billion EPC Agreement (November 16, 2015)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm served as lead outside counsel to Magnolia LNG LLC in a $4.354 billion Engineering, Procurement and Construction (EPC) ...

125 Sutherland Attorneys Named Super Lawyers and Rising Stars in 2013 (May 28, 2013)
ATLANTA and WASHINGTON (May 28, 2013) - Sutherland Asbill & Brennan LLP announced today that 119 of the firm’s lawyers were chosen as top attorneys and Rising Stars by Super Lawyers. The designations ...

86 Sutherland Attorneys Named as “Best Lawyers in America (November 5, 2012)
ATLANTA and WASHINGTON (November 5, 2012) - In the 2013 edition of The Best Lawyers in America, 86 Sutherland Asbill & Brennan LLP attorneys are recognized as leaders in their field. The publication ...

Publications

“After the purchasers housing bubble ‘burst,’ many new Florida owners sought a way out of their contracts by invoking the Interstate Land Sales Full Disclosure Act, contending that their contracts were voidable.”

Legal Alerts

Legal Alert: Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You (November 30, 2017)
Out-of-state contractors and design professionals working on projects in Georgia should consider including venue selection clauses in their contracts. Under O.C.G.A. 14-2-510(b)(4), venue for tort ...

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

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)

Legal Alert: Congress Passes Legislation Which Will Require Contractors to Self-Report Violations of Criminal and Civil Laws (July 8, 2008)

Legal Alert: Federal Court Bars Surety's Counterclaims Challenging Claim Under AIA A312 Payment Bond to the Extent That They Were Available During the 45 Days Following Receipt of Claim (June 12, 2008)

Legal Alert: South Carolina Supreme Court Determines that Violation of Bond Statute by Government Entity Gives Rise to Private Right of Action by Contractor (April 21, 2008)

Legal Alert: Federal Court Holds Surety Must Pay Entire Claim Where it Fails to Respond Adequately Within 45 Days as Required by AIA A312 Payment Bond (October 16, 2007)

Articles

Construction Project Payments: Fundamental Challenges & Solutions (March/April 2015)
CFMA Building Profits
Contractors today continue to struggle with a number of fundamental challenges to receiving payment on construction projects. Was the payment package in the correct format? Were all of the detailed ...

Areas of Practice (3)

  • Litigation
  • Construction
  • Diversified Industrials

Education & Credentials

Contact Information:
University Attended:
Emory University, B.S., Phi Beta Kappa
Law School Attended:
University of Georgia School of Law, J.D., magna cum laude, Notes Editor, Georgia Law Review
Year of First Admission:
2005
Admission:
2005, Georgia
Memberships:

Professional Activities
Member, American Bar Association
Member, State Bar of Georgia
Member, Atlanta Bar Association
Barrister, American Inns of Court (Lumpkin Inn)

Birth Information:
Rutland, Vermont, January 18, 1980
ISLN:
918519069

Peer Reviews

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

Documents (1)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

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