R. Loy Waldrop, Jr.

Representative Experience: Representation of a U.S. subsidiary of a major European industrial equipment contractor in defense of lien and payment claims involving a significant industrial construction project. Mr. Waldrop assisted his contractor client by filing a declaratory judgment action to bring the major parties into one suit with all claims being resolved expeditiously in a subsequent mediation.; Pro bono representation of single mother/homeowner and her seven minor children in lawsuit against a municipality arising from multiple water intrusion incidents into the family home as a result of deficiencies in the municipal storm water system. After the homeowner had met with the municipality manager, engineering department and municipal council with no relief provided from the water intrusion problems, Mr. Waldrop agreed to assist her in her efforts to obtain relief from the water intrusion incidents and subsequent mold growth that had forced evacuation of the home. Mr. Waldrop filed suit against the municipality asserting claims for temporary and permanent nuisance/inverse condemnation and also seeking a permanent injunction to force the municipality to upgrade its subdivision storm water system to meet current standards. He engaged engineers, appraisers, contractors, and a realtor to assist as expert witnesses in the preparation of the homeowner's claims. After depositions of the parties' engineering experts, the municipal mayor and manager were taken, and the municipality's motion for summary judgment was defeated, the case was resolved through mediation and subsequent negotiations. The municipal infrastructure ultimately was upgraded to meet the municipal storm water event criteria.; Representation of prime contractor in arbitration case involving contractor payment and owner construction defect claims arising from construction of $25 million mountain top home/lodge in Western North Carolina. The total claims involved, approximately $2 Million, were eventually resolved in mediation with the owner, contractor and subcontractors.; Representation of prime contractor in American Arbitration Association case involving the defense of a subcontractor's claims of $379,000 extra cost and delay arising from Maryland military base project. The arbitrator dismissed all the subcontractor's claims after a two day evidentiary hearing and reviewing the post hearing briefs.; Representation of engineering design firm in the defense of owner in $8 million dollar sinkhole subsidence claims asserted in state court that involved geotechnical and foundation design and construction issues and claims against multiple defendants. Mr. Waldrop obtained an early resolution of the case for his client after retaining construction pricing and scheduling witnesses and developing a collateral attack on the owner-plaintiff's damage claims.; Representation of hotel owner in two-week arbitration hearing involving interpretation of the prime contract, contractor payment claims, and owner construction deficiency claims. The award obtained by the contractor was about 50% of the contractor's last settlement demand.; Representation of two engineering firm defendants in a federal court suit alleging ground, sinkhole, and well water contamination. The case involved complex airborne dust and hydro-geological issues in an area encompassing several square miles. Mr. Waldrop was instrumental in obtaining a favorable resolution of this suit involving over 150 plaintiffs asserting over $250 million in claims against six defendants through finding key expert witnesses, development of a comparative fault defense involving several of the plaintiffs, and using innovative mediation procedures with the other plaintiffs.; Representation of engineering firm defendant in a state court suit with a project owner that involved owner delay claims against the project engineer and contractor exceeding $10 million dollars based on the issuance of a Corps of Engineers' cease and desist order and state and federal permitting issues associated with wetlands violations and Indian burial grounds on proposed $600 million dollar project. Mr. Waldrop obtained nationally recognized damage and liability experts on scheduling, permitting, archeology and accounting issues to analyze the owner's claims and resolved the case for his client through mediation and negotiations.; Representation of school board owner in arbitration defense of contractor claims and assertion of an owner counterclaim. Mr. Waldrop obtained an award for his client on its counterclaim in the arbitration hearing and preserved the award through an action in Chancery Court to set aside the award, in the Tennessee Court of Appeals, and ultimately in the Tennessee Supreme Court, serving as lead counsel in the arbitration and in the trial court and appeal hearings. The case clarified the law in Tennessee on whether governmental entities can legally agree to arbitrate disputes. Southern Constructors, Inc. v. Loudon County Bd. of Educ. 58 S.W.3d 706 (Tenn. 2001).; Representation of a contractor concerning the contractor's Class 1 differing site condition claim against the project construction manager on a federal asbestos abatement project. The case concluded in a paid judgment for the contractor's entire claim amount asserted in the federal court trial.; Representation of contractors, subcontractors, and construction managers in resolving payment and work quality disputes with commercial project owners and other contractors through negotiation and mediation.