Henner & Scarbrough LLP

Managing Partner: James R. Artzer

Senior Partner: Joseph P. Henner

Executive Partner & Legal Counsel: Christopher J. Olsen

Number of Partners: 4

Number of Fee-earners: 10

Henner & Scarbrough LLP (“H&S”) was founded in 2020 as a construction law boutique with the goal of providing exemplary service to clients in an efficient and affordable manner. H&S' practice is primarily focused on representation of national and international general contractors, design-builders, construction managers, and EPC contractors in construction-related disputes, but also assist clients in relation to front-end contract drafting and negotiations, ongoing project claim management, regulatory compliance, as well as many other aspects of the construction industry. H&S assists clients performing public work in the presentation and prosecution of claims with various local, state, and federal government agencies and in various forums, including the Armed Services and Civilian Board of Contract Appeals. H&S has decades of experience on public and private projects, including airport infrastructure; civil infrastructure; professional sports stadiums and entertainment venues; commercial construction; high-rise residential construction; industrial plants and utilities; as well as many other sectors of the construction industry.

Recent Work

• Representing joint venture partner in federal court on claims against fellow joint venture partner and its parent company for failing to make capital calls and contribute its proportionate share of costs arising out of the joint venture’s construction of a nearly $3 billion highway project near Orlando, Florida. Successfully moved for summary judgment on liability and, following a two-week bench trial in the Middle District of Florida, secured an award against the joint venture partner and its parent company in excess of $30 million on claims for breach of contract, breach of guaranty, and indemnification.
• 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.
• 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 involving the construction of a luxury senior living facility. 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.
• Represented an international corporation specializing in the design, fabrication, and installation of electromechanical systems in an AAA arbitration against the EPC Contractor. Our client supplied circulating, dry flue gas desulphurization systems for two 569-megawatt coal-fired boilers in Oklahoma and pursued arbitration involving claims for the wrongful withholding of contract funds and the failure to properly issue more than $17 million in change orders and defending against the EPC Contractor’s counterclaims exceeding $33 million.After a two-week arbitration, our client was awarded over $12 million in damages and defeated the EPC Contractor’s $33 million liquidated damages claims in their entirety.
• Represented general contractor and its surety in multi-party litigation in Georgia federal court related to subcontractor Miller Act and state law claims arising from a United States Army Corps of Engineers project. Successfully moved for judgment on the pleadings due to the subcontractor’s failure to comply with the Miller Act’s strict notice and timing requirements resulting in a complete dismissal of the case from Southern District of Georgia federal court.
• Represented one of county’s top data center contractors in the drafting and negotiation of prime contract with developer as well as subcontracts with key mechanical, electrical, and plumbing subcontractors in relation to the development of a data center mega project with a total planned investment exceeding $6 billion. Further assisted contractor in ongoing project claim evaluation and management and provided training for contractor’s site operations team.
• Represented one of the United States’ largest general contractors on claims arising from single electrical subcontractor’s simultaneous abandonment of work on five separate projects. Assisted the general contractor in pursuit of recovery of damages against defaulting subcontractor’s constituent members and provided advice regarding insurance claims with efforts eventually resulting in settlement and minimization of insured loss.
• Represented a top ENR heavy civil contractor through claims arising from the replacement of a runway at an active international airport in the Southwestern United States. Representation resulted in the negotiated resolution of nearly $50 million in owner-related warranty claims to permit continued and safe operations of the airport while the contractor-developed remediation is performed. Provided continued representation and legal advice regarding pursuit of potential insurance coverage related to runway remediation work.
• Represented construction manager at risk in administrative proceedings in Maryland regarding responsibility for removal and replacement of defective materials, including successful judicial review proceedings in Maryland trial and appellate courts.

• Represented a European global supplier of electromechanical systems and services in a $150 million ICC arbitration in Lima, Peru related to the construction of a multi-turbine hydropower plant in a remote region of South America securing a judgment exceeding $50 million in our client’s favor and defeating owner claims against our client.
• Represented a European global supplier of electromechanical systems and services in drafting and negotiation of a contract for the EPC development of a pulp mill facility in Concepción, Paraguay with a 1.8 million ton/year pulp capacity and a total contract value exceeding $1.5 billion.
• Represented one of the world’s largest mining companies in the procurement of mining rights and the development of mines and related infrastructure in countries around the world, including extensive work in South America and Japan.
• 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.

• Atlanta, Georgia
• Houston, Texas
• Washington, DC