Jack R. Dodson, III

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 dollars, and we advise on all legal issues that arise from the initial contract negotiation through the project closeout. 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 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 thirty 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 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 my 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 general contractor in dispute with 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 general contractor in dispute with 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 hospital owner in claims against 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 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 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.

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