Tyler Scarbrough

Practice Areas

Tyler represents a variety of clients in the construction industry, including owners, general contractors, engineers, EPC contractors, design-build contractors, and subcontractors.

Tyler has significant experience in large and complex construction projects located across the United States and overseas. He understands construction issues from the ground up and at every stage of project design, development, and construction. Among his many engagements, Tyler served as on-site project counsel on a rail project in Saudi Arabia, was seconded to an international rail design-builder in Germany, and handled disputes on major, high-profile, transportation, government, and industrial projects, comprising significant trial and appellate work.

In addition to his legal practice, Tyler contributes to several law journals and has also lectured on topics of construction and the law.

Publications

"Government Contracts," Construction Law Update, Wolters Kluwer, 2016-2019

Presentations:

"Boot Camp for Bidding on Federal Jobs, Pitfalls, and Federal Contract Award Processes," 8th Annual Construction and Government Contracting Conference, October 8, 2019

"Boot Camp for Bidding on Federal Jobs and Associated Pitfalls," 7th Annual Important Topics in Construction & Government Contracting Seminar, Atlanta, Georgia, October 9, 2018

"Subcontracts: The Masters Institute in Construction Contracts," Federal Publications Seminar, Las Vegas, Nevada, September 22, 2017

"Federally Funded Projects: Understanding and Avoiding Getting Tripped Up By The Strings Attached," Annual Transportation Construction Law and Regulatory Forum, Washington DC, June 2, 2016

Work Highlights

Represented, as lead counsel, 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.

Represented an international corporation in a $100 million ICC arbitration against an equipment supplier and its mechanical installer on the construction of a Greenfield industrial project.

Represented an international owner in a multi-party $80 million ICC arbitration related to the construction of a $1 billion industrial plant.

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, 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 a design-builder on a $400 million highway and bridge design-build project in the Pacific Northwest involving complex and interrelated geotechnical and design issues.

Advised an international marine contractor, as project counsel, on contract management, dispute resolution, and contract negotiations for the company’s $1.4 billion construction of Sentinel-class fast response cutters for the US Coast Guard.

Represented an EPC contractor on two nuclear power plant units involving $1.6 billion in claims.

Represented a national general contractor in a multimillion-dollar dispute involving a high-rise condominium project in Atlanta.

Represented a developer in an $85 million arbitration with more than a dozen parties related to the construction of a luxury condominium project in Las Vegas.

Performed an internal investigation of Foreign Corrupt Practices Act issues in Brazil, Portugal, and Africa for an international publicly traded company.

Advised a Fortune 100 company regarding contract management, dispute resolution, and contract negotiations for a mass transit system initiative in the Middle East.

Defended civil subcontractor in arbitration against multi-million dollar delay and indemnity claims on a solar project in Texas.