David N. Garst

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David N. Garst: Attorney with Lewis, Thomason, King, Krieg & Waldrop, P.C.
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
About Attorney Awards

Biography

David N. Garst, B.Arch., J.D., is a shareholder in the Lewis Thomason Nashville office, where he serves a pivotal role as the chair of the Construction Law Practice Group and on the firm’s Board of Directors. Mr. Garst’s legal practice is focused on general construction law, with emphases on architects’, engineers’ and surveyors’ professional liability, construction defect litigation, design and construction contract negotiation, and professional discipline.

With almost four decades of legal experience, Mr. Garst provides counsel and representation to a diverse clientele of general and specialty contractors, architects, engineers, surveyors, suppliers, and building owners across a wide range of construction project types, both locally and regionally. His impressive track record includes litigation or arbitration of hundreds of construction disputes involving sports stadiums, airports, industrial buildings, commercial, educational, and hospitality projects, roads, subdivisions, dams, and major civil works projects.

Mr. Garst’s commitment to the construction industry goes well beyond his legal practice as he actively participates in multiple construction industry organizations. His dedication to these organizations underscores his unwavering support for the construction community and his ongoing contributions to its growth and development.

PROFESSIONAL HONORS AND ACTIVITIES

• 2024, 2025, and 2026 Chambers USA Top Ranked - Construction Law - Nashville

• 5 Times Best Lawyers Nashville “Lawyer of the Year”

• Construction Litigation 2020, 2022, and 2025

• Construction Law 2021 and 2026

• Named to Mid-South Super Lawyers Top 100 Tennessee Attorneys

• Life fellow, American Bar Foundation

• Member, Nashville Bar Foundation

• Selected by American Lawyer Media and Martindale-Hubbell as Elite Lawyer of the South, 2018

• Martindale-Hubbell AV Preeminent 5.0 out of 5 Peer Review Rating, 20 years

• Best Lawyers in Nashville, 19 years

• Mid-South Super Lawyers,19 years

• Premium Member, Claims and Litigation Management Alliance (CLM)

• Presidential Award of Excellence - AIA Tennessee (2015)

• Presidential Award of Merit for Distinguished Service - AIA Tennessee (1997)

• General Counsel, Middle Tennessee Chapter of the American Institute of Architects

• Board Member, Associated General Contractors of Tennessee, 2011 - 2013

• Elected Officer, Middle Tennessee Branch of the Associated General Contractors of America, 2008 - 2014

• Tennessee Association of Plumbing, Heating and Cooling Contractors

• Associated Builders and Contractors

• Tennessee Society of Professional Engineers

• The Jefferson Society

• Construction Specifications Institute

• Chapter Technical Excellence Award - CSI Knoxville

• Committee Member, XL Design Professional Insurance Company Contract Guide

See more ›

Areas of Practice (4)

  • Architect, Engineer and Surveyor Professional Liability
  • Construction
  • Construction & Real Estate
  • Professional Liability

Education & Credentials

University Attended:
University of Tennessee, B.Arch., 1981
Law School Attended:
University of Memphis, J.D., 1986
Year of First Admission:
1986
Admission:
1986, Tennessee; 1986, U.S. District Court, Western District of Tennessee; 1987, U.S. Court of Appeals for the Sixth Circuit; 1987, U.S. Court of Appeals for the Eleventh Circuit; 1988, U.S. District Court, Eastern District of Tennessee; 1988, U.S. District Court, Middle District of Tennessee; 1989, U.S. Court of Federal Claims; 1989, Supreme Court of the United States of America
Memberships:

AFFILIATIONS

•Member - American Bar Association

•Board Member Emeritus - Tennessee Association of Construction Counsel

•Founding fellow - Construction Lawyers Society of America

•Member - Tennessee Bar Association

•Member - Nashville Bar Association

Reported Cases:
Representative Experience: Representation of the world's largest architecture firm in litigation arising from a Nashville sports arena. Mr. Garst managed a team of lawyers through months of court directed discovery and depositions. The case ultimately was settled for an amount far below the remaining cost of defense.; Representation of four hotel contractors in a range of disputes involving over 30 hotel projects constructed across the Eastern United States. These cases required preparation and perfection of bond and lien claims, management of local counsel, preparation of numerous contracts, cost effective preparation of technical proof of claims and defenses, and numerous proceedings in courts and before arbitration panels.; Representation of a construction manager in an arbitration proceeding involving major delay claims on the construction of a large commercial aircraft hangar. The issues were successfully defended and the claims settled below the remaining cost of defense.; Representation of the designers of a major Memphis sports facility involved in structural defect claims. Through rapid and innovative dispute resolution techniques, the structure was evaluated and remedial work performed during the planned construction period. The facility opened on time and all disputes were resolved within a few months, without the necessity of litigation.; Representation of an architect charged with disciplinary infractions on four separate projects. Mr. Garst obtained a reversal of the decision of the Board of Architectural and Engineering Examiners in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). The decision is recognized as a leading case on the standard of proof concerning the professional care required of design professionals in Tennessee.; Representation of a German specialty contractor in a multi-party dispute involving a large manufacturing plant in Tennessee. Although a lawsuit was filed, Mr. Garst and his clients worked with the claimants and owners through a series of meetings locally and in Germany to identify the valid issues and arrive at a reasonable resolution. Ultimately, the plaintiffs never served process on the client and the claims were dismissed for a small fraction of the demand.
ISLN:
907183257

Peer Reviews

5.0/5.0
Peer reviews submitted prior to 2008 are not displayed.
Martindale-Hubbell® AV Preeminent Rating Badge
Peer reviews submitted prior to 2008 are not displayed.

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Affiliations

CLM

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