Henner & Scarbrough LLP

Henner & Scarbrough LLP was founded in 2020 with the aspiration of offering legal services expected from large, national law firms, but on a cost-effective basis. Henner & Scarbrough has experienced enduring success on both fronts. The firm has been recognized by Chambers USA – the World’s leading legal directory – annually since 2022 – for construction law and has maintained exceptional, cost-effective representation creating a competitive advantage with Henner & Scarbrough versus its industry peers.

Henner & Scarbrough’s attorneys have a proven track record of success with decades of experience in construction-specific legal matters spanning numerous industries, in the U.S. and abroad. The firm guides the top players in the construction industry through varied and complex engagements. Henner & Scarbrough’s attorneys are experienced in nearly every type of construction claim or dispute including breach of contract, termination, delay and inefficiency, bid protests, lien and bond, surety, warranty, errors and omissions, negligence, minority contracting, differing site conditions, joint venture disputes, insurance coverage, among others. No two clients are the same, and Henner & Scarbrough understands that every client may have different goals. Henner & Scarbrough takes a proactive approach grounded on dispute prevention and conflict resolution before dollars are wasted on protracted disputes. Henner & Scarbrough works to solve problems quickly and economically to ensure that client goals are achieved in an acceptable manner. When the matter necessitates, Henner & Scarbrough has extensive experience in both litigation and arbitration forums across the country and will not hesitate to vigorously, yet efficiently prosecute and defend claims on behalf of its clients.

Transactional, Pre-dispute, and General Counsel Services:

• Drafting and negotiating contracts for clients on projects spanning the construction industry, including industrial manufacturing facilities, high-rise residential towers, professional sports and entertainment venues, airports, data centers, civil infrastructure, power generation facilities, and many other sectors on projects ranging in value from several million to multi-billion dollars.
• Routinely advise two national contractors with $2 billion and $6 billion in annual revenues across the entire United States acting as “General Counsel” for the company. We have successfully reduced both companies’ annual legal expenditure dramatically through routine advisement and daily claims consulting.
• Advised a Fortune 100 company regarding contract management, dispute resolution, and contract negotiations for a mass transit system initiative in the Middle East.

Arbitration:

• Represented a Forbes Global 100 company during the course of construction and in arbitration related to the design and construction of a $1.2 billion data center in the Western United States, at the time one of the largest data centers in the world; the arbitration involved eight parties plus numerous insurers and sureties in more than $150 million in claims.
• Represented one of the largest civil works contractors in North America on a $130 million design-build highway and bridge project in which a multimillion-dollar arbitration award, including the recovery of attorneys’ fees, expert witness fees, and costs, was obtained.
• Represented a European global supplier of electromechanical systems and services in a $150 million ICC arbitration related to the construction of a hydropower plant in a remote region of South America.

Government Contracting and Procurement:

• Represented government contractor in Miller Act dispute in Georgia Federal Court. Successfully obtained judgment on the pleadings resulting in a full dismissal of all claims asserted against client.
• Represented large, national general contractor before the Armed Services Board of Contract Appeals in multi-million payment dispute arising out of multiple contracts for the construction, replacement, and repair of a United States Army base against the United States Army Corps of Engineers (USACE) related to numerous project delays and the assessment of liquidated damages.
• Represented an international transit company in successful bid protests and litigation over the proposed award of a $250 million transportation services contract, resulting in the cancellation of the award to a competitor where we successfully moved for discovery and were able to demonstrate bias and improper conduct among members of the evaluation committee.

Litigation:

• Represented parent companies in Nebraska state court on counterclaims filed by Fortune 500 food production company seeking more than $90 million in damages based on alter ego and agency theories of liability arising from a contract dispute with our clients’ subsidiary. Shortly before trial and after more than three years of discovery, successfully moved for summary judgment and dismissal of all claims asserted against our clients, including a claim under the Uniform Voidable Transactions Act added at the close of discovery.
• Representing general contractor and joint venture partner in Florida federal court on claims against fellow joint venture partner and its parent company regarding the financial responsibility to pay losses arising out of the joint venture’s construction of a nearly $3 billion highway improvement project with the Florida Department of Transportation. Successfully moved for summary judgment on liability against the joint venture partner and its parent company in June 2023 and, after a two-week bench trial in October 2023, secured a judgment for $36.3 million on claims for breach of contract, breach of guaranty, and indemnification. Case is currently on appeal to the 11th Circuit.
• Defended general contractor in litigation in Georgia state court against claims asserted by owner seeking more than $30 million for alleged delay damages, reprocurement and completion costs, and consequential damages in a contract dispute on a luxury senior living facility project. Claims were ultimately resolved during discovery with an agreement to convert the termination-for-default to a termination-for-convenience, and an agreement that the owner would take nothing and indemnify the general contractor from subcontractor claims.

Henner & Scarbrough is grateful for the trust and confidence its clients show by engaging the firm to provide guidance and advice during times of uncertainty. Henner & Scarbrough's main goal is to resolve legal issues efficiently to enable construction clients to focus on successful operations in the construction industry.