Construction
R. Wayne Thorpe, Esq. has acted as mediator, arbitrator, or other neutral in dozens of construction, construction defect, building products, and engineering cases. These include mediations and arbitrations arising from both commercial (private and public) and residential construction disputes, surety cases, construction defect cases, and claims against architects, engineers, and surveyors. Many of these cases present the added challenge of resolving disputes among multiple parties, often with related insurance coverage disputes.
Mr. Thorpe has been a full-time ADR neutral since 1998. He has served as mediator, arbitrator, facilitator, special master, and case evaluator in roughly 2000 cases in at least 15 states, including many high stakes and complex cases, class actions, MDL’s, and other large scale multi-party cases, and more than 500 arbitrations as sole arbitrator, panel chair, or party-appointed arbitrator.
Mr. Thorpe was named by the Best Lawyers in America publication as the 2015 Atlanta Arbitration Lawyer of the Year and the 2012 Atlanta Mediation Lawyer of the Year, and he has been recognized by International Who’s Who of Commercial Mediation, Best Lawyers in America and Georgia Super Lawyers for a number of years.
He is Past Chair of the ABA Dispute Resolution Section, and he has been a leader in ADR ethics and other policy matters both nationally and in Georgia for many years. He has also served as an adjunct professor and guest presenter in ADR courses in several law schools. Before he became a full-time neutral, Mr. Thorpe was a litigation partner in a large Atlanta law firm.
Representative Matters
- Mediation of construction defect case involving major urban redevelopment multi-use project with tens of millions in claims and 10+ subs and 10+ insurers
- Several disputes between large condo homeowner groups and developers and builders over construction and financial issues
- Multi-million dollar dispute over airport runway paving, involving airport authority, general and multiple subcontractors
- Mediation of litigation between developer of golf course residential development and engineers concerning responsibility for multi-million dollar wetlands remediation issues
- Litigation between owner and general over renovation of bakery plant
- Dispute between large private academic institution, builder, and geotech engineers concerning alleged failure to properly compact soils for classroom building
- Dispute between manufacturer and boiler repair business over quality of repairs on industrial scale boiler
- Multi-party arbitration concerning steel erection in cinema facility
- Numerous cases involving construction runoff issues, including nuisance, trespass, negligence, and Clean Water Act claims including claims against owners, developers, builders, and governments
- Nuisance, trespass, and “toxic tort” claims against owners and others arising from quarry blasting, industrial plant noise, plant odors, etc.
- Several lawsuits against architects, engineers, and surveyors for professional liability
- Claims against sureties
- Commercial parking lot paving dispute
- Dispute between general and fireproofing subcontractor over completion and quality of work issues
- Dispute between owner and general contractor over renovation of church
- Homeowner claims against builders/sellers for various construction defects
- Hotel construction dispute
- Lawsuit between electrical contractor and supplier on North Carolina highway project concerning alleged deviation from product specs on traffic light equipment; claims for delay damages
- Lawsuit between electrical subcontractor and supplier concerning responsibility for compliance with “Buy-America” requirement
- Lawsuit involving apartment complex security system
- Lawsuits between developer and engineers concerning quality of engineering work and licensing of supervising engineers
