Frank E. Riggs, Jr., Esq.

Current Employer-Title Riggs ADR

Profession Arbitrator - Construction, Energy, & Government Contract Disputes Work History Past Partner and Chair of Construction Practice Group, Troutman Sanders LLP, 2005- 2018; Partner/Associate, Smith, Currie & Hancock, 1974-2005. Experience For the past 40 years, his law practice has focused exclusively on construction law matters, including the counseling of public and private owners, general contractors, construction managers, trade contractors, suppliers, manufacturers, sureties, real estate developers and design professionals in dispute avoidance, as well as the representation of construction industry participants in complex construction disputes. During the last 15 years of his practice with Troutman Sanders, he served as primary outside construction law counsel for Georgia Power Company, providing this large public utility with procurement and dispute avoidance advice in connection with energy construction projects. He has been an active national lecturer and writer in the field of construction dispute avoidance, project claims analysis, and construction contract law. Frank has routinely counseled clients in the review, negotiation and drafting of all types of construction contracts, including design-build agreements, EPC contracts, multi-prime arrangements, construction management agreements, takeover and reprocurement agreements, design contracts, and cost-plus contracts. Has practiced before the U.S. Court of Federal Claims in Washington, various Federal Boards of Contract Appeals, and in state and federal courts across the country.

His construction law practice experience is national and international. Has advised clients, and resolved client disputes, on a myriad of construction projects, including airports, nuclear and coal-fired power plants, convention centers, water and wastewater treatment plants, hospitals, hotels, resorts, industrial facilities, prisons, office buildings, sports facilities, highways, pipelines, military bases, food processing plants, environmental remediation projects, golf courses, schools and a variety of infrastructure projects.

He is a Fellow of the American College of Construction Lawyers; Best Lawyers Atlanta Construction Law Lawyer of the Year (2012 and 2015); Selected as a "Super Lawyer" by Atlanta Magazine (2004-2019) for construction law excellence; recognized in "The Best Lawyers in America in Construction Law," (2007 - 2019); Georgia's Leading Individual Lawyers (Construction), Chambers and Partners 2007 - 2018 (Band 1); International Who's Who of Construction Lawyers; Martindale-Hubbell's highest rating (AV) for legal ability and ethical standards.

Representative Engagements:

-Representation of a major utility in defending against excessive termination cost claims by a terminated EPC contractor on a coal-fired power plant project.

-Litigation counsel for a developer in connection with a construction contract and architectural contract dispute in the U.S. Virgin Islands.

-Counsel for a U.S. design-builder in connection with design and construction disputes arising out of a large soccer stadium construction project in Canada.

- Lead counsel to Florida city government in the successful defense against a multimillion dollar extra work and delay claim by the general contractor on a large wastewater treatment plant addition and renovation project.

-Lead counsel for a utility in connection with a dispute with an EPC contractor regarding material and labor escalation issues.

- Lead counsel in multiple representations of owners and general contractors in federal government contract matters, including construction contract and service contract matters, and including trials before various federal agency boards of contract appeals and the U.S. Court of Federal Claims.

- Litigation counsel to Atlanta-based global hotel company in defending against contractor claims on hotel projects in Atlanta and Philadelphia.

- Litigation counsel to a coalition of general contractors and subcontractors in the successful pursuit of a multimillion-dollar extra work and delay claim against an airport authority.

-Counsel for a utility in connection with the conversion of a coal-fired power plant to a natural gas plant, including the negotiation and drafting of all major contracts and handling of more than $70 million in contractor claims.

- Litigation team member in connection with lawsuits arising out of a new nuclear power plant project.

-Lead counsel in the handling of multiple disputes arising from a natural gas pipeline design and construction project.

Alternative Dispute Active participant in all types of ADR proceedings, as an advocate, arbitrator and Resolution Experience mediator. Member of American Arbitration Association Construction Panel since 1990.

Representative ADR Engagements:

-Arbitrator in a 20-party dispute involving claims in excess of $50 million in connection with a large mixed-use development project.

-Arbitrator in connection with an arbitration between a large national general contractor and a major national subcontractor in connection with claims arising out of the construction of a resort in North Carolina.

-Arbitrator in connection with a Rule 7 proceeding to consider the consolidation of more than two dozen related arbitration proceedings.

-Arbitrator in a delay and defective work dispute involving the renovation of a historic hotel property.

-Lead counsel to several resort developers in contract negotiations, construction contract monitoring, and ADR proceedings for large development projects in the Caribbean. - Lead counsel to several general contractors in contract negotiations and dispute resolution proceedings involving major construction projects at Florida's Disney World and Epcot facilities.

- Arbitration counsel to Atlanta developer in the successful effort to recover from an insurance company more than $3 million in costs incurred in rebuilding a fire-damaged historic cotton mill property.

-Arbitration counsel for a Japanese manufacturer of stadium seating in connection with various national and international coliseum, auditorium and stadium projects. -Lead arbitration counsel for a resort owner in connection with a construction delay and defective work dispute in St. Maarten.

Professional Licenses

Admitted to the Bar: Georgia, 1974; Colorado, 1997; U.S. District Court, Middle, Northern and Southern Districts of Georgia, 1974; U.S. Court of Appeals, Fourth and Eleventh Circuits; U.S. Court of Federal Claims.

Education University of Southern Mississippi (BS, Political Science, with Honors-1971); University of Virginia School of Law (JD-1974).

Publications and Speaking Engagements Author and Lecturer in numerous seminars and workshops on various aspects of construction law, alternative dispute resolution, and claims avoidance with industry groups over the past 30 years.

Publications:

"No Damages For Delay Clauses," Construction Financial Management Association Building Profits, May/June 2013; Chapter Author, FINANCIAL MANAGEMENT AND ACCOUNTING FOR THE CONSTRUCTION INDUSTRY, Construction Financial Management Association, 2012-2013; "Seven Deadly Contracting Sins," Construction Financial Management Association Building Profits, September/October 2012; Practical Steps To Help Subcontractors Weather Economic Hard Times, Construction Financial Management Association, March/April 2009; "The New AIA Documents & Their New Risks," Construction Financial Management Association, January/February 2008; "Material Escalation: Allocating the Risks," CONSTRUCTION BRIEFINGS, Federal Publications, December 2006; "How To Make The Best Use Of Your Construction Lawyer," CFMA Building Profits, March/April 2005; "Practical Recommendations For Documenting and Demonstrating Extra Work Costs," CFMA BUILDING PROFITS, January/February 1997 and January/February 2004; "Subcontract Termination: Ten Rules For Managing The Risks," CONSTRUCTION ACCOUNTING AND TAXATION, Construction Financial Management Association, July 2003; National Editor, LienLaw Online, a comprehensive on-line resource covering lien laws in 50 states, published by LienLaw Online, Inc., 2002; "Managing Payment Risks: Navigating the Lien Law Maze," CFMA Building Profits, January/February 2002; "Default Termination Checklist," State Bar of Texas Construction Law Newsletter, Spring 2001; coauthor, "Georgia Construction Law: A Legal Perspective," Lorman Publication, 1998-1999; "Financial Management and Accounting for the Construction Industry - Practical Recommendations for Documenting and Demonstrating Extra Work Costs," chapter 11, CFMA, July 1998; "Avoiding Environmental Risks," DIXIE CONTRACTOR, April 1996; "Owner Damages," ABA Forum On The Construction Industry, 1985.

Speaking Engagements:

"Negotiating the Worst Construction Contract Clauses," Georgia AGC Construction Professionals Conference , 2014; Comparing ConsensusDocs and AIA Owner and Design Professional Contracts, Webinar, 2014; Financial Solvency Through Better Contract Documents, AGC/CFMA National Conference, 2013; Moderator, Top Ten Construction Contract Clauses, ABA Construction Forum Webinar, 2013; Moderator, Foreign Corrupt Practices Act, ABA Construction Forum Webinar, 2013; Moderator, Infrastructure: From the Group Up, ABA Construction Forum Program, 2012; Contracts: A Specialty Contractor's Perspective, CFMA National Conference, 2012; The ABC's of an Effective Construction Contract, Seminar Group Construction Law Seminar, 2012; Comparing ConsensusDocs and AIA Owner and Design Professional Contracts, Webinar, 2011; An Owner's Perspective: Getting Rid of Liens, Atlanta Bar Construction Law Seminar, 2011; Green Building Risks, Associated Owners and Developers National Conference, 2010; Georgia Lien Law Changes, Construction Financial Management Association, Georgia Chapter, 2009; Georgia Lien Law Revisions, Atlanta Bar Association, Construction Law Section, 2009;"Evaluating Construction Contract Forms: 2007 AlA Contracts and The ConsensusDOCS," CFMA Annual Conference & Exhibition, 2008; "AlA Contracts," Lorman Education Services, 2008; "The New ConsensusDOCS (What Are They And What Do They Mean?)" and "The New 2007 Edition of AlA Document A201 Standard General Conditions," DBIA, 2008; "Georgia Lien Law," Georgia Bar Association ICLE Program, 2007; "Managing The Risk of Material Price Escalation," Construction Financial Managers Association, Georgia Chapter, 2007.