R. Carlton Smyly
Partner
Carl Smyly helps construction industry and other business clients proactively assess and respond to risks and disputes that emerge during construction and other business dealings, such as:
- Extra work claims
- Disputed change orders
- Delays
- Unforeseen conditions
- Design deficiencies
- Defective construction claims
- Payment defaults
He works closely with clients to harness their own experience, insights and resources to develop and execute effective strategies and solutions. Carl has the experience, skills and client-first commitment to help clients find the best available solutions to the most vexing challenges.
Experience
- By marshalling evidence, perfecting lien rights, and securing early mediation, obtained multimillion-dollar net payment for mechanical subcontractor from automotive plant design-build contractor who asserted damages for allegedly delayed and deficient performance, denied change order requests, and withheld progress payments and retainage.
- Represented a trustee ad litem appointed by a probate court to ensure pursuit of claims for investment losses on behalf of over 5000 trusts and custodial accounts (TAL Trusts) for which a bank served as a trustee or other fiduciary. Collectively, the TAL Trusts received over $50 million and no costs of the TAL’s recovery efforts (including legal fees) were deducted from the amounts recovered and distributed.
- Counsels a general contractor operating in multiple states on standardized subcontract forms tailored to state-specific statues.
- Negotiated a complex work-out agreement on behalf of general contractor client after the owner of a large retail and condominium development defaulted on the construction contract and construction loan, and the lender commenced foreclosure on the project. The client received payment notwithstanding the owner’s insolvency.
- Averted threats by the owner of a large downtown mixed-use retail/apartment development to terminate all or parts of a general contractor client’s contract during construction, and then defended the client against the owner’s multimillion-dollar arbitration demand asserting delay damages, with the client ultimately receiving a multimillion-dollar net payment after filing a lien and a counterclaim in the owner-initiated arbitration.