Jake Carroll

Representative Engagements – Construction Transactions

• Ongoing representation and advisor to foreign manufacturer related to construction of $7.6 billion vehicle assembly and battery manufacturing facility, advising on Georgia’s contract, public procurement, lien, bond, and contractor licensing laws, as well as drafting and negotiating construction, supplier, and site coordination agreements.
• Collaborating across practice groups to lead the infrastructure delivery of a $2.4 billion electric vehicle battery plant project for a foreign manufacturer, specifically negotiating and drafting professional services and multi-prime construction contracts; lead counsel in related state and federal litigation. 
• Special construction counsel to administrative agent and lender in connection with a $900 million green loan from bank syndicate to fund construction of $1.5 billion data center in Atlanta, Georgia.
• Ongoing representation of foreign tire manufacturer arising out of construction and expansion of $360 million manufacturing and distribution facility in Tennessee, negotiating and drafting construction contracts, RFPs, and related bond and insurance amendments.   
• Represented real estate investment joint venture in the drafting and negotiation of separate design-build and construction management agreements for phased delivery of 90-acre, $144-million film studio. 
• Represented real estate investment joint venture owner in drafting and negotiation of construction agreement for mold remediation and fire sprinkler replacement work on three multi-family complexes involving 800 units in metropolitan Atlanta.
• Represented luxury real estate and resort company in drafting and negotiating all contract instruments for the design and construction of a $85 million condominium project and related resort and golf course renovations near St. Simons Island, Georgia.
• Represented real estate investment firm in drafting and negotiating construction, architectural, and interior design agreements for $160 million mixed-use development in Charlotte, North Carolina, as well as related documents for $120 million construction loan.
• Represented industrial developer in drafting and negotiation of design-build and site work agreements for 112,000 sq. ft. manufacturing facility in Statesboro, Georgia.
• Ongoing representation of specialty contractor in lien enforcement actions, payment and performance bond claims, matters arising from breach of contract or non-payment, and other issues including: drafting and negotiating tolling agreements between owners, contractors, and sureties for bond claims on public and private projects; negotiating and revising AIA and ConsensusDocs terms; preparing and executing standard operating procedures for compliance with lien and bond notice obligations on public and private projects nationwide.

Representative Engagements – Construction Disputes

• Represented specialty contractor and its surety in litigation and arbitration seeking payment from owner/general contractor of a $70 million multi-use project in Greensboro, North Carolina. Arbitrator awarded contractor’s final contract balance and retainage and denied owner’s seven-figure counterclaim for breach of contract damages upon consideration of cross-dispositive motions. Following three days of hearings, the matter was settled and the related action against the contractor’s surety was dismissed with prejudice.
• Advised and represented ENR Top 10 contractor in closeout of two residential projects in metro-Atlanta involving: the prosecution and defense of nine lawsuits in state and federal courts; recovery of additional costs arising out of delay, material-escalation, and subcontractor defaults; pursuit of claims against performance bond; and defense of client in declaratory judgment action regarding disputed first- and third- party liability coverage. 
• Represented contractor in pursuing Request for Equitable Adjustment pursuant to FAR regulations to recover delay and schedule impact costs on federal project in Cape Canaveral, Florida.
• Lead counsel for specialty subcontractor in three separate construction defect lawsuits arising out of 50-story condominium tower in Atlanta, Georgia, involving more than 20 parties and two third-party actions. Plaintiffs claimed damages and repair costs in excess $25 million. Negotiated and obtained favorable settlement for client following six days of mediation, and prior to extensive discovery or depositions.
• First-chair representation of ENR Top 100 geotechnical engineering firm in federal litigation arising out of Westinghouse bankruptcy for work performed on Plant Vogtle Project. Client received full payment of its claim.
• Lead counsel for water systems contractor in federal litigation arising out of Westinghouse bankruptcy for work performed at Plant Vogtle. Client received full payment of its $4 million claim.
• Lead counsel for engineering firm in dispute over final payment from bankrupt general contractor on a $178 million solar project in Maryland. Obtained payment from owner through use of statutory lien rights involving complex ground and utility leases on 14 separate parcels and presented issues of first impression in Maryland lien law.
• Lead counsel for manufacturer of segmental concrete products in federal litigation against terminated contractor seeking damages for breach of contract and delay. Obtained favorable settlement for client prior to extensive discovery or mediation.
• First-chair representation and defense of general contractor in three separate negligent construction lawsuits arising from remediation work on a high-rise condominium tower in St. Petersburg, Florida.

Representative Engagements – Materialmen’s Lien/Bond Matters

• Lead counsel for owner, construction manager, and county development authority in separate state and federal civil actions arising out of work performed and related lien claims on $2.4 billion project. Both actions were dismissed with prejudice prior to conducting discovery.
• Obtained final payment for specialty contractor on $16 million contract arising out of a $400 million private hospital project in Georgia through use of statutory lien rights.
• Obtained final payment for contractor on $7 million contract arising out of $80 million public project in litigation against joint-venture general contractor and surety on Little Miller Act payment bond.
• Obtained final payment for specialty contractor on $10 million contract arising out of a $600 million private hospital project in Georgia through use of statutory lien rights.
• First-chair representation and defense of general contractor in lien and surety bond claim by subcontractor arising from work on a retail center in Palm Beach Gardens, Florida. Obtained full dismissal of lawsuit and release of subcontractor’s claim of lien based on subcontractor’s failure to comply with Florida lien and contractor licensing statutes.
• Represented material supplier and affiliated sub-subcontractor in action on payment bond and related litigation seeking payment for labor and goods supplied on a public project. Obtained payment for full amount of claim after filing suit, but before responsive pleadings were filed.

Representative Engagements – Commercial Clients & Disputes

• Ongoing representation of Fortune 500 equipment manufacturer in broad-range of corporate and commercial matters; advises client on unique legal issues related to the operation and management of its nationwide distribution network of over 500 independent equipment dealerships.
• Lead counsel for Fortune 500 equipment manufacturer in state and federal civil actions and related arbitration with terminated agricultural equipment dealers alleging violation of state dealer laws for failure to repurchase parts inventory.
• Obtained dismissal with prejudice of all claims asserted against Fortune 500 equipment manufacturer in federal litigation, including fraud, deceptive trade practices, misrepresentation, and civil conspiracy, on 12(b)(6) motion. Defended dismissal and presented oral argument on appeal to the U.S. Fifth Circuit Court of Appeals. 
• Defended Fortune 500 equipment manufacturer in federal litigation arising out of alleged defects in commercial agricultural equipment. Following oral argument on 12(b)(6) motion to dismiss, plaintiff voluntarily dismissed complaint.
• Represented Fortune 500 equipment manufacturer in lawsuit seeking rescission of acceptance of agricultural equipment.

Representative Engagements – Creditors’ Rights

• Lead counsel for Fortune 500 equipment manufacturer as secured creditor in Chapter 11 bankruptcy proceedings of equipment dealer. Recovered total claim of $3.2 million including under-collateralized receivables secured by equipment sold-out-of-trust.
• Lead counsel for Fortune 500 equipment manufacturer as secured creditor in Chapter 11 bankruptcy proceedings of equipment dealer. Negotiated Debtor-in-Possession Financing Agreement allowing dealer to continue selling client’s equipment, while protecting client’s security interest in pre- and post-petition financed collateral.
• Lead counsel for Fortune 500 equipment manufacturer as secured creditor in Chapter 11 bankruptcy proceedings of terminated equipment dealer.
• Lead counsel for specialty subcontractor as lienholder and secured creditor in Single-Asset Real Estate Chapter 11 case arising out of partially completed construction project in Fort Lauderdale, Florida.
• Lead counsel for general contractor as lienholder and secured creditor in Chapter 11 reorganization of Hertz Corporation. Obtained critical vendor status for client resulting in nearly full payment of seven-figure claim less than two months after bankruptcy proceeding commenced.

Representative Engagements – Contractor and Professional Licensing Matters

• Represented contractor and qualifying agent in preparing and submitting license application to Georgia State Licensing Board for Commercial General Contractors.
• Represented contractor and qualifying agent in two related disciplinary actions involving alleged violations of state licensing statutes before the North Carolina and Georgia state licensing boards for general contractors. Following limited discovery and a rebuttal presentation, negotiated favorable settlement and consent agreements with the board that allowed client to continue operating as general contractor, while avoiding revocation of license.

Previous Professional Experience

• Litigation associate, Atlanta law firm (2016–2020)

Externships

• Judicial Extern, The Honorable C. Ashley Royal, U.S. District Court for the Middle District of Georgia (2013–2014)