Brian’s practice focuses on construction contracting and dispute resolution, public contract law, including state and federal government contracts and bid protests, and real estate and commercial litigation.
Brian has represented numerous public and private clients, including owners, contractors, subcontractors and suppliers in various types of construction transactions and dispute resolution. He has extensive experience reviewing, drafting and negotiating all types of construction and design contracts, including form contracts such as American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) and ConsensusDOCS, as well as custom contracts drafted to meet the specific needs of clients and their projects. Brian also has experience handling various types of construction-related claims and disputes, including contractor licensing matters, pre- and post-award bidding disputes, mechanics’ liens, Prompt Pay Act issues, defect claims, and delay and impact claims.
In 2009, Brian earned the Green Building Certification Institute’s LEED® Green Associate designation. Developed by the U.S. Green Building Council, the LEED (Leadership in Energy and Environmental Design) Green Building Rating System is the nationally accepted benchmark for the design, construction, and operation of high performance green buildings. A LEED Green Associate is an individual who has demonstrated the knowledge and skill needed to understand and support green design, construction, and operations.
Representative matters:
- Represented a major appliance manufacturer in negotiating and drafting the design and construction contracts for a new $200 million production facility;
- Represented a federal government contractor in developing and drafting a form subcontract agreement to be used with subcontractors on federal projects;
- Represented a leading provider of automated material handling systems in a dispute over nonpayment by one of the “big three” automakers;
- Represented a developer in settling a dispute with its architect on a federal project being constructed for the General Services Administration (GSA);
- Represented a nonprofit hospital association in negotiating and drafting the design and construction agreements for a $75 million hospital that obtained LEED® Silver certification;
- Represented the nation’s largest owner of senior living communities in negotiating and drafting design and construction agreements for various facilities around the country, including a $79 million independent living and skilled nursing facility;
- Represented a manufacturer of polypropylene film used for food packaging in negotiating and drafting a design-build agreement for a 112,000 square foot, $32 million expansion of its production line and warehouse facilities;
- Represented a utility district in various disputes with vendors and others, including defective specification and installation of a water treatment system.
Recent speaking engagements:
- "Construction Contracting Concerns for Utilities & Municipalities: Minimizing Exposure on Construction Projects," Tennessee Association of Utility Districts, August 5, 2011
- "Top 10 Considerations in Every Construction Contract," Tennessee Real Estate Law Conference, December 10, 2010
- "Legal Pitfalls of Promising Green Construction," International Council of Shopping Centers, July 21, 2010
- "Top Concerns with Any Construction Contract," Memphis Bar Association, December 10, 2008
Prior to joining Bass, Berry & Sims in August 2007, Brian was an associate in the Irvine, California offices of Berry & Perkins, P.C., where his practice included construction law and litigation, real estate transactions and litigation, and general business litigation.
Brian lives in Franklin with his wife, Laura, and their two daughters, Campbell and Mallory.
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