With a background in engineering, litigator Bryan Thomas is perfectly positioned to serve the full spectrum of construction industry clients. His practice focuses on construction- and property-related litigation where he represents owners, EPC contractors, general contractors, subcontractors, and suppliers in issues and projects ranging from state-of-the-art power plants to residential homes. He has also handled a variety of construction-related product liability cases and represented clients with property-related matters, from lien and title issues to eminent domain proceedings and natural resources issues involving oil, gas, and coal. In addition to litigation, Bryan advises clients regarding construction-related contracts, risk management, and project administration.

Bar Admissions

• Alabama, 2008
• Tennessee, 2008
• Kentucky, 2009

Court Admissions

• United States District Court, Northern District of Alabama
• United States District Court, Middle District of Alabama
• United States District Court, Eastern District of Kentucky
• United States District Court, Western District of Kentucky
• United States District Court, Western District of Tennessee
• United States Court of Appeals, 6th Circuit

Education

• University of Kentucky College of Law, J.D., 2008, Order of the Coif
• University of Kentucky, B.S., Civil Engineering, 2005, summa cum laude

Significant Accomplishments

Bryan advises clients on projects all over the United States and abroad, including Alabama, Chile, California, Colorado, Dominican Republic, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mexico, Missouri, New Mexico, Ohio, Panama, Pennsylvania, Tennessee, Texas, and the United Kingdom. A primary focus of his practice has been industrial and power plant construction projects involving coal, LNG, combined cycle, hydro, solar, and wind, among others. In these energy projects, Bryan has represented owners as well as EPC-prime and multi-prime contractors in a variety of disputes. He also has substantial experience with multifamily and commercial construction and has handled a number of disputes involving residential construction. Bryan has tried cases to a jury, judge, and arbitrator. Among others, he has represented:

• Owner against an EPC contractor with claims in excess of $300+MM regarding post completion failure and construction defects in a hydroelectric power plant in Panama. Representation involved ICC arbitration, litigation in Panama, and litigation in the UK;
• General contractor on a federal hospital project in Texas to obtain a $200+MM mid-project contract adjustment;
• EPC contractor on a coal-fired Power Plant in Colorado to obtain a mid-project settlement in excess of $35 MM on delay and disruption claims, as well as a subsequent follow-up claim of $100+MM and counterclaims of $70+MM in a multi-week jury trial;
• EPC contractor with more than $35MM in claims and facing substantial counterclaims for defects and liquidated damages regarding the construction of an industrial facility in Louisiana;
• Mechanical subcontractor on Combined-Cycle Power Plant in southern California with $35MM in productivity and change condition claims against the owner and EPC contractor;
• Owner regarding post-construction defect and warranty claims on power plants in Mexico and Dominican Republic in excess of $10MM;
• Owner regarding termination of a general contractor on a multifamily development in Tennessee with claims and counterclaims exceeding $4MM;
• Owner/municipality with $2.5 MM in claims against a contractor and surety involving liquidated damages and defects, defending $1.5MM in claims from the contractor on a marina project in Tennessee;
• Specialty subcontractor in impact and wrongful termination action in excess of $2MM on a federal prison project;
• Owner/contractor against terminated subcontractor on multifamily developments in Ohio and Kentucky involving terminated work in excess of $1MM;
• General contractor regarding claims in excess of $1MM for the construction of an industrial facility in Alabama;
• Subcontractor with $1MM in claims against general contractor/owner on multifamily development;
• Owners and product manufacturers in a variety of warranty and product defect litigation including roofing and waterproofing materials and systems;
• Owners, general contractors, subcontractors, and suppliers in drafting and negotiating various construction-related contracts and advising on risks;
• Owners and contractors in the review of contracts and risk-management training; and
• Owner in defense of an attempted eminent domain taking by an electric utility company in a bench trial; blocked the taking.