Jack R. Dodson, III

Represented an owner in a dispute with the general contractor regarding claims for cost of acceleration and unapproved change order requests arising from the construction of a music venue in Las Vegas.

Lead trial counsel for a national owner of acute care hospital facilities in a dispute arising from the sale of five hospitals in Pennsylvania wherein the purchaser was seeking damages in excess of US$150 million. After a four-week trial, the court ruled in favor of our client on all issues and awarded them attorneys' fees incurred to defend against the claims.

Represented the general contractor in disputes with the owner of a luxury hotel development project. The claims involved over 15 separate occurrences of water leaks and water damage occurring during and after the completion of the project, and complex issues of insurance coverage under builders' risk and property insurance coverage.

Represented a regional owner of acute care hospital facilities in a dispute with its general contractor arising from the construction of three separate facilities. Successfully negotiated a favorable resolution for the client.

Represented two members of an LLC in a dispute with the third member over operation of the company and allegations of mismanagement. After significant discovery, we were able to negotiate the resolution of all issues, fully vindicating our clients.

Represented a national general contractor in disputes with six different subcontractors, as well as assisting with claims against BBC’s subcontractor default insurance carrier. We negotiated settlements with four subcontractors and successfully arbitrated the two remaining subcontractor claims.

Represented a developer in a dispute with adjacent property owners regarding the ownership of a US$5 million commercial property. The dispute involved a complex set of transactions resulting in the grant of title to the developer, as well as enforcement of easement rights burdening the property of the adjacent landowner. After two separate lawsuits and multiple appeals, we successfully prevailed on all claims, resulting in clear title to the property and easement held by the developer.

Represents Messer Construction Co. (“Messer”), which was terminated by the owner of a construction project involving the historic renovation of a building in downtown Nashville, Tennessee. We were retained to represent Messer regarding its claim against the owner for wrongful termination, as well as payment for over US$1.2 million of work performed prior to the termination.

Advises the construction and development department of CHS on a national basis. CHS has an annual construction budget of approximately US$1 billion, and we advise on all legal issues that arise from the initial contract negotiation through the project closeout. 1) Representing a CHS subsidiary hospital in Virginia in a dispute over storm water management responsibilities with an adjacent property owner arising under a joint development agreement. 2) Representing a hospital in Venice, Florida, in a complicated dispute with a contractor. Our investigation revealed likely fraudulent collusion between the contractor and the hospital’s local director of facility operations. 3) Representation of a subsidiary hospital in Indiana regarding the failure of flooring installed during renovation of the facility. 4) Analysis of contractual obligations and termination of contracts in conjunction with the divestiture of approximately 30 hospital facilities, along with complete overhaul of the contract documents used by the corporation with all vendors providing hospital materials, equipment, and construction services.

Retained by Messer to represent its interests with regard to its award of the construction contract for a US$275 million Major League Soccer stadium to be built in Nashville, Tennessee. Our initial engagement was to represent Messer in a bid protest filed by a competitor whose bid was unsuccessful. We appeared on behalf of the client at the bid protest hearing and argued against the protesting contractor’s position. The Hearing Officer ruled in favor of our client, and no appeal was taken by the protesting contractor.

Represented a large electrical subcontractor in a dispute with the owner of an automotive equipment manufacturing plant regarding claims in excess of US$10 million. The owner refused to pay our client alleging extensive delays and cost overruns. After preparing and submitting the fully documented claim, we were able to negotiate the resolution of the client's claims and obtain full payment of all amounts due.

Represented a general contractor in a dispute with a subcontractor regarding defective concrete slab installed for a hospital facility. After a five-day arbitration, the arbitrator ruled in favor of our client, awarding all damages claimed.

Represented a general contractor in a dispute with an electrical subcontractor regarding claims for delay and impact totaling over US$3 million, including Covid-19 delay claims. We successfully mediated the claims, with a very favorable outcome for our client.

Represented a hospital owner in claims against a general contractor and multiple subcontractors arising from moisture intrusion at the hospital causing extensive damage. After a week-long jury trial, the jury awarded our client all damages it claimed, as well as its attorneys' fees incurred to prosecute the claim.

Represented manufactured home company in claims of moisture intrusion resulting in property damage, as well as personal injuries from alleged exposure to toxic mold. After a four-week trial, the jury returned a verdict in favor of our client and rejected all claims asserted by the plaintiffs.

Represented a commercial refrigeration manufacturer in claims against a contractor for failure to pay for refrigeration units installed for a restaurant project. The claim was successfully arbitrated with a favorable result for the client.

Represented the owner of a hospital in a dispute with the owner of an assisted living facility adjacent to the hospital in a dispute regarding the subsidence of a hill on the hospital's property, which resulted in damage to the assisted living facility.