Kevin H. Hudson

Mr. Hudson is Top Construction Lawyer and a Top 100 Trial Lawyer in Civil Cases. His work includes representing ENR top 400 contractors, design professionals, owners and specialty contractors throughout the United States. Mr. Hudson has served and currently serves as lead trial counsel on high stakes disputes before a variety of tribunals including state and federal courts, arbitrations, Court of Claims, ASBCA, CBCA and similar forums. Mr. Hudson has tried and arbitrated more than 100 cases to verdict in addition to writing and arguing more than 100 appeals. Mr. Hudson’s engagement span the full spectrum of the construction industry from straightforward payment disputes to multi issue disputes involving claims exceeding $300M. Mr. Hudson also serves as outside counsel or as an extension of in house counsel teams. In this role, he advising clients as project counsel and negotiates all manner of construction related agreements.

Representative Recent Engagements:

• Lead counsel in successful resolution of structural steel design claim that alleged increased construction costs associated with project acceleration.

• Lead counsel in successful resolution of bid dispute involving construction of the Chattanooga sewer treatment facility, which resulted in client maintaining right to construct project.

• Lead counsel in successful resolution of multi-party student housing defect case, which resulted in general contractor receiving full payment of its contract balance and payment of attorney’s fees.

• Lead counsel for general contractor in successfully resolving case involving mold in nursing home facility and a determination of the cause (ultimately attributed to outside sprinkler system and location of HVAC window units).

• Lead counsel for general contractor in successfully resolving multiple cases involving defective exterior sheathing product and propensity to grow mold (included claims raised before and after installation of product and related delays and increased construction costs).

Recognition:

• Premier 100 Designation – American Academy of Trial Attorneys

• Super Lawyers 2008-Present

• Top 100 Civil Trial Lawyers – The National Trial Lawyer

• Top Rated Lawyer in Construction – The American Lawyer

• The American Trial Lawyers Association – Top 100 Trial Lawyers: Georgia

• Georgia Trend Legal Elite 2012

• The Fellows of the American Bar Association

Savannah Green I Owner, LLC v. ARCO Design/Build, LLC

Case History

Construction

Code violations; contract negotiations and disputes (expertise in all provisions of AIA contracts); defective construction claims (electrical, energy systems, grading elevation busts, high-rise pool decks and pool liners, HVAC, lien foreclosure actions, liens filed by subcontractors, mold, modular walls, structural, toxic fumes, and a wide variety of defective product matters imported from China), delay claims, design claims, lien foreclosure and surety claims, environmental, fraud claims; pay when paid defense, insurance coverage scope and denial, prompt pay act claims, termination for cause and for convenience claims and warranty claims.

• Lead counsel in successful resolution of structural steel design claim that alleged increased construction costs associated with project acceleration.

• Lead counsel in successful resolution of bid dispute involving construction of the Chattanooga sewer treatment facility, which resulted in client maintaining right to construct project.

• Lead counsel in successful resolution of multi-party student housing defect case, which resulted in general contractor receiving full payment of its contract balance and payment of attorney’s fees.

• Lead counsel in successful resolution of obligation by insurance carrier to pay for construction manager policy obligations, which resulted in full compensation to client.

• Lead counsel in obtaining a successful resolution of jury case involving an energy system that allegedly failed to produce sufficient energy to run an oriented strand board ("OSB") plan and independently produce electricity such that plaintiff claimed damages in excess of $25,000,000.00. The Based on the defense that Plaintiff failed to provide proper and consistent fuel to the OSB energy system, the jury returned a verdict for less than one third of what the Plaintiff claimed in damages, found no negligent construction and denied an award of attorney's fees.

• Lead counsel in obtaining summary judgment against a lien claim filed by a general contractor against a landlord for work ordered by a tenant. Case examined significant nuances in Georgia lien law as applied to a landlord/tenant context.

• Lead counsel representing general contractor in jury trial to enforce a contract and settlement. Obtained a verdict in client's favor in an amount of $1,059,511.85.

• Lead counsel in Elite Flooring v. Choate Construction, Georgia Court of Appeals June 11, 2009 (affirmed General Contractor Subcontract provision regarding condition precedent to resolving claims).

• Lead counsel for general contractor in successfully resolving case involving leaks in exterior brick sheathing and related mold claims.

• Lead counsel in resolving favorably a case alleging damages in excess of $20,000,000 associated with competing specialty contractors and allegations of theft of computer information, violations of computer fraud abuse act and violations of Georgia's trade secrets protections.

• Lead counsel for general contractor in successfully resolving case involving mold in nursing home facility and a determination of the cause (ultimately attributed to outside sprinkler system and location of HVAC window units).

• Lead counsel for general contractor in successfully resolving multiple cases involving defective exterior sheathing product and propensity to grow mold (included claims raised before and after installation of product and related delays and increased construction costs).

• Lead general counsel and dispute resolution services to General Contractors of various revenue sizes from $10,000,000 to over $1,000,000,000.

• Lead counsel for General Contractor in obtaining multi-million dollar judgment against subcontractor for delays and defective construction.

• Lead counsel for general contractor in defeating multi-million dollar claims for delays and overages associated with defective granite from China and in obtaining successful resolution of surety on performance bond obligations.

• Lead counsel for general contractor in defeating over a million dollars in claims for delays and overages associated with untimely and defective stucco and drywall installation by subcontractor.

• Lead counsel in negligent construction case arbitration. Obtained award of $500,000 on behalf of client, as inclusion of punitive damages and attorney fees.

Employment

• Defending discrimination matters based on race, sex and the Americans with Disabilities Act, covenants not to compete, confidentiality covenants, and theft of intellectual property - computer theft statutes and theft of trade secrets.

Publications

A Closer Look

All In The Family

Creative Arrangements To Reach Finish Line

Labor Relations

Preventing Safety

Private Support

Riskier Business

Safe Game Plan

Safety Insured

Seeing Both Sides

St. Paul Mercury Ins. Co. v. FDIC as Receiver for Community Bank & Trust

Professional Involvement:

• Atlanta Bar Association – Construction Law Section

• American Bar Association

• Construction Lawyers Society of America

• Defense Research Institute Construction Committee

• Claims and Litigation Management Alliance

• Lamar Inn of Court