Brian Corgan concentrates his practice exclusively in construction contracts, litigation, and alternative disputes resolution. Mr. Corgan has handled and litigated construction disputes involving nuclear and coal-fired power plants, cement plants, heat recovery steam generators (HRSG), hydrogen plants, international airport runway construction, prisons and correctional facilities, cogeneration (power, cement, and lime) plants, off-shore oil production, storage and off-loading facilities, wastewater treatment plants, environmental remediation and closure projects, mining facilities, meat processing facilities, steel mills, oil refineries, hospitals, convention centers, and a variety of other heavy industrial construction projects.
Since 1979, Mr. Corgan's practice has focused exclusively on the representation of owners, construction managers, and contractors on heavy industrial, power, and infrastructure projects. His clients range from owners to construction managers, general contractors, EPC (engineer/procure/construct) contractors, heavy industrial specialty subcontractors, and design professionals. He has been involved in arbitrations, mediations, state and federal court trials, and international adjudications and arbitrations.
Mr. Corgan's practice has focused on the representation of owners, construction managers, and contractors in complex litigation in state and federal courts involving large mega-projects such as:
- The design and construction of four grassroots 1,000 MW nuclear power plants;
- A hydrogen production facility;
- Heat Recovery Steam Generator (HRSG) projects;
- A massive copper mining and electrowinning facility;
- A $2.4 billion off-shore oil production, storage, and off-loading facility in the South China Sea;
- The design and construction of a large cement/power/lime cogeneration facility;
- The design and construction of large cement plants;
- The design and construction of coal-fired power plants;
- Construction of large multi-use convention centers;
- Construction of chemical and petrochemical facilities;
- Construction of oil refineries and related expansions;
- The design and construction of large, complex aquariums; and
- Numerous design-build and EPC projects including beef processing facilities, cogeneration and power plants, prisons and correctional facilities, military defense projects, research facilities, and environmental remediation and closure projects.
Mr. Corgan is a Fellow of The American College of Construction Lawyers. He was recognized in 2009, 2011, 2012, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 by the prestigious Legal 500 US in the area of Construction Law, recognized repeatedly for Construction in The International Who's Who of Business Lawyers, and Corporate Counsel's Top Lawyers for 2011. He was also honored in 2014, 2015, 2016, 2017, 2018 and 2019 as a "Leading Lawyer" and in 2020, he was named to its “Hall of Fame” by Legal 500 US for Construction Law. Mr. Corgan was recognized in The Best Lawyers in America® for Construction Law in 2020 and each of the 12 years immediately preceding. He was also named an "Atlanta Lawyer of the Year" in 2014 and 2020 for Construction Litigation and again in 2015 for Construction Law by The Best Lawyers in America®. Mr. Corgan is listed in the 2020 and 11 years immediately preceding editions of Chambers USA: America's Leading Lawyers for Business for Construction Law, and he is listed as #1 in the 2011, 2012, and 2013 editions and as a "Star Individual" nationally in the 2020 and the six immediately preceding editions. Mr. Corgan has been recognized as a Top 100 Georgia "Super Lawyer" by Super Lawyers magazine. He was also named a Georgia "Super Lawyer" in the area of Construction/Surety in 2013 and the six years immediately preceding and again in 2020 and the six years immediately preceding for Construction Litigation by Super Lawyers magazine. Mr. Corgan was named a leading practitioner in Construction Law in 2014 and 2016 by Legal Media Group's Expert Guides Best of the Best USA and in 2018, he was recognized by Legal Media Group's Expert Guides Best of the Best USA as one of the "Top 30 Experts" in Construction Law. Mr. Corgan is listed in Euromoney's Best of the Best USA 2018 Expert Guide for Construction. He is AV® rated by Martindale-Hubbell.*
*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.
Lead counsel for Westinghouse LLC, the EPC contractor responsible for the design, construction and commissioning of two new 1,000 MW nuclear units. The project is budgeted at in excess of $27.5 billion in construction costs. Mr. Corgan and his team sued the four public owners of the project in federal court, seeking $1.6 billion in damages, the largest piece of construction litigation pending in the United States at that time. Mr. Corgan worked extensively with the client’s in-house staff of five lawyers and we provided and regularly updated budgets, schedules, and metrics dashboards. Mr. Corgan’s team managed the collection of more than 8.9 million documents across 60 document custodians. Mr. Corgan and his team prepared for, took, and defended more than 100 interviews and expert and fact depositions.
Represented an EPC contractor, which was a limited partnership comprised of three international design and construction firms, in litigation in Kansas state court concerning the design and construction of a coal-fired boiler for a new power plant in Texas. Millions of dollars in claims against the designer/manufacturer of the coal-fired boiler were successfully resolved by designer/manufacturer’s payment of a mid-eight-figure amount.
Represented a contractor on a significant claim for delay, inefficiency, and acceleration costs on construction of a hydrogen plant. After a four-week arbitration, recovered in excess of 90% of damages sought, plus interest and attorneys’ fees.
Represented a worldwide oil and gas organization with respect to disputes against various EPC contractors retained to perform the design, construction, and commissioning of an off-shore oil production, storage and off-loading facility located in the South China Sea, off the coast of Malaysia. The project cost is in excess of $2 billion. We have been involved in formal dispute resolution processes in Malaysia and have negotiated other claims with various EPC contractors throughout Europe. In addition, we have asserted claims by our client against various of its EPC contractors, most contracts which include limitation of liability provisions tied to a specified percentage of the EPC contract price.
Litigated claims in excess of $75 million for an EPC contractor against the manufacturer of a coal-fired boiler.
Represented a remediation contractor terminated by EPC contractor on solid waste storage area cleanup project. After a three-week federal court trial, recovered $9.8 million in damages, plus interest and attorneys’ fees. Defeated EPC contractor’s claim in its entirety.
Represented a heavy mechanical contractor in a five-week arbitration relating to design and construction of a heat recovery steam generator (HRSG). Obtained $26.4 million dollar award that consisted of 100% of damages sought, attorneys’ fees, costs, expenses, and pre-award and post-award interest.
Obtained a jury verdict for $7 million, plus attorneys’ fees, and defeated a $10 million counterclaim in its entirety after a seven-week federal court jury trial in San Francisco.
Represented client in a four-week arbitration involving claims in excess of $140 million.
Recovered $9.8 million on claims of $10.3 million, plus attorneys’ fees, interest, costs and expenses after 36-hearing day arbitration. Also defeated counterclaims totaling $55 million in their entirety. Award was issued on August 6, 2009, and confirmed by the United States District Court for the Southern District of Iowa on November 23, 2009. The case involved the production of more than 3,000,000 electronic documents, and required their review, organization, and utilization for depositions and the arbitration hearings.
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Tulane University Law School, J.D. (1979) summa cum laude, Order of the Coif
Tulane University, B.A. (1976)
United States Supreme Court (1986)
Second Circuit Court of Appeals (2010)
Third Circuit Court of Appeals (1985)
Sixth Circuit Court of Appeals (2003)
Eighth Circuit Court of Appeals (2011)
Ninth Circuit Court of Appeals (1992)
Eleventh Circuit Court of Appeals (1981)
Northern District of Georgia (1980)
Middle District of Georgia (1991)
Middle District of Louisiana (1980)
Supreme Court of Louisiana (1980)
Supreme Court of Georgia (1980)
Georgia Court of Appeals (1980)
Superior Court of Georgia (1979)
American College of Construction Lawyers (ACCL), Fellow
Harvard University, Graduate School of Design, Guest Lecturer
Tulane Law Review, Former Notes Editor
Director, Board of Directors: Chris Kids, 2002-2006
Director, Chris Kids Properties Board, 2007-2012
Committee Member, Blessed Trinity High School Advisory Committee, 2007-2008
Committee Member, Blessed Trinity High School Facilities Committee, 2007-2008
Post-Katrina Legal Assistance Program (Atlanta), October 2005
Good of the Gulf Legal Program (New Orleans), December 2007
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