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Education
  • Tulane University, J.D., 2001
  • University of South Alabama, M.B.A., 1998
  • Spring Hill College, B.S., Economics and Finance, 1994
Bar Admissions
  • Georgia, 2001
  • Louisiana, 2004
  • New York, 2015
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Chad Theriot
Partner
One Midtown Plaza, Suite 1030
1360 Peachtree St NE
Atlanta, GA 30309
404.870.7515 tel
504.582.8708 / 646.735.6923 tel
404.870.7570 fax

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Government Contracting and Bid Protests Practice

Chad V. Theriot is a partner in the firm and co-chair of its Construction practice team, based in the Atlanta office. Mr. Theriot focuses his practice on major public and commercial construction and infrastructure projects representing both domestic and international clients across a broad spectrum of construction, contracting, and procurement activities. He represents federal government contractors, major subcontractors, and original equipment manufacturers in construction litigation and construction claims avoidance.

Mr. Theriot has successfully litigated more than $2.5 billion in disputes. His typical range of projects includes representing federal government and commercial contractors in the construction and design of highrises, ships, hotels, resorts, hospitals, power plants, aircraft and locomotive maintenance contracts, and a variety of design-build and EPC projects. Mr. Theriot has extensive experience before all boards of contract appeals, the Court of Federal Claims, and the Federal Circuit representing government contractors against various agencies, including the U.S. Airforce, U.S. Navy, U.S. Coast Guard, U.S. Army Corps of Engineers, GSA, VA, and other federal agencies.

Notably, Mr. Theriot was recently lead counsel on a highly publicized, unprecedented Civilian Board of Contract Appeals (CBCA) decision that allowed a federal government contractor to stop work on a $1.8 billion VA hospital. This was the first time the CBCA, or any other board or court for that matter, granted this type of relief. This case was lauded in ENR and other national publications for the novel legal strategy employed by Mr. Theriot, specifically the use of a declaratory judgment action that allowed Kiewit-Turner to avoid protracted litigation and gain a quick, successful resolution to a $1 billion dispute.

Before joining Jones Walker LLP, Mr. Theriot practiced in the Atlanta office of an Am Law 100 firm, where he was a partner on the Construction and Infrastructure team.

Prior to law school, Mr. Theriot worked as a claims consultant on federal government contracts involving project schedule delivery, strategic planning, schedule risks, inefficiency claims, and delay analyses. His work included the preparation and review of claims for delay, disruption, acceleration, and quantifying interruption impacts.

Noteworthy

  • Recognized in Chambers USA – America's Leading Lawyers for Business as a "Leader in Their Field" (2014) and "Up and Coming Lawyer" (2013) in the area of Construction Law
  • Named a "Rising Star" in Super Lawyers in the area of Construction Litigation (2005–2007; 2009–2012)
  • Recommended by Legal 500 US in the area of Real Estate and Construction (2012, 2016–2017)
  • Listed in The Best Lawyers in America® 2018 (Copyright 2017 by Woodward/White, Inc., Aiken, SC) in the areas of Construction Law and Litigation - Construction (listed annually since 2015)

Representative Matters

  • Represented a joint venture of two of the country’s largest general contractors before the Civilian Board of Contract Appeals which issued an unprecedented ruling, holding that the client could immediately stop building a $1.75 billion VA hospital project because of the VA's material breach of contract. Following a two week trial and extensive briefing, the CBCA granted the client this unprecedented relief, stating:  “We find that beyond doubt, the VA’s breach of its contract was material” and that “the behavior of the VA has not comported with standards of good faith and fair dealing required by law.”  This remarkable ruling generated extensive media coverage in national and industry publications.

  • Advised an international marine contractor, as project counsel, on contract management, dispute resolution, and contract negotiations for the company’s $1.4 billion construction of Sentinel-class fast response cutters for the United States Coast Guard.

  • Represented a mechanical subcontractor specializing in industrial piping fabrication and erection against a multinational General Works Contractor and a global upstream Engineer-Procure-Construct (EPC) contractor on claims for changed work, acceleration and wrongful termination of contract arising from the construction of a $1.2 billion, 790 MW coal-fired unit within an existing power plant. Successfully obtained a declaration from the arbitration panel that the mechanical subcontractor's purported termination for default was improper and without cause. Obtained an award against the general and EPC contractors in an amount equaling 95 percent of the mechanical subcontractor's damages sought in the arbitration, plus amounts for pre-award interest, attorneys' fees, costs and expenses.

  • Represented a marine contractor in disputes arising from a contract for the conversion of a fleet of U.S. Coast Guard cutters. Obtained recovery in arbitration of more than $10 million, defeated all of the counterclaims and recovered attorneys’ fees.

  • Represented an international EPC contractor/OEM in multiparty disputes arising out of the construction of an $800 million coal-fired power generation facility. All disputes were ultimately settled through two separate structured settlement processes — one for disputes among the employer, the client and the client's consortium partner; and the other for disputes between the client and its subcontractors.

  • Represented an environmental remediation design/build contractor, in a dispute concerning a remediation system on a site used in the production of nuclear armaments in Oak Ridge, Tennessee.  After a two-week bench trial in the U.S. District Court, the judge issued a 174 page decision finding that Mr. Theriot’s client had been damaged and entitled to recover not only its claimed damages, but also its attorneys’ fees.

  • Represented a hospital owner regarding mechanical, electrical and piping issues on the construction and design of its $184 million expansion of cardiac facilities to an existing, operating hospital.

  • Represented an owner of a cold storage warehouse regarding a defective installation of a potassium lactate, wet pipe fire suppression system installed by the construction manager. Successfully, resolved dispute in mediation.

  • Represented a general contractor on the construction of a multimillion dollar hospital. The disputes involved claims of delay, acceleration, and disruption as well as additional time as a result of the owner caused delay. The owner of the hospital sought liquidated damages and costs associated with alleged defective construction. The disputes were successfully resolved in an alternative disputes forum.

  • Represented a pipeline contractor in Texas state court against one of the largest pipeline owners in the United States arising out of a 135-mile pipeline crossing Louisiana.

  • Represented international construction manager regarding alleged construction and design defects on the multimillion dollar expansion of a university. The owner alleged various mechanical systems were improperly installed and designed by our client. The matter was successfully resolved in an alternative disputes forum.

  • Represented an international aerospace products and defense parts manufacturer regarding disputes arising from the performance of a maintenance contract for the U.S. Navy's aircraft. Developed a request for equitable adjustment (REA) that was submitted to the Navy resulting in successful negotiations and an ultimate settlement that increased the price of the contract. The REA sought recovery of added costs due to acceleration, disruption, and the unexpected condition of the delivered aircraft, as well as delay to our client's planned performance.

News

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Presentations

Publications

  • Contributing Author, "Southwest Region," 2017 Construction Law Update
    Wolters Kluwer, 2017
  • Co-Editor, 2016 Construction Law Update
    Wolters Kluwer, 2016
  • "Declaring an Early Victory: Effectively Using Declaratory Judgment to Timely Resolve Fundamental Contract Interpretation Disputes on Federal Government Contracts"
    The Construction Lawyer, Journal of the ABA Forum on Construction Law, Summer 2016
  • "High Court Clarifies False Claims Act Ramifications for Government Contractors and Others"
    June 29, 2016

Memberships

  • American Bar Association (Member of Section of International Law, Section of Public Contract Law, and Past Member of the Forum Committee on the Construction Industry)
  • International Bar Association
  • Safe Care Campaign (Member; Member of the Board)
  • Society of Construction Law
  • Southern Polytechnic State University (Georgia), Construction Law, Adjunct Professor (2002-2003)
  • Tulane Arbitration Institute, Certified in both International and Domestic Arbitration
  • Tulane Law School, Certificate of Specialization in Civil Law
  • Tulane Law School, Certificate of Specialization in Civil Law
  • World of Arbitration and Mediation Report, Contributing Author