Throughout his entire career, Randy Hafer has focused his practice exclusively on issues related to the construction industry. He has been involved in matters all over the United States and internationally on a wide variety of construction projects, including tunnels, wastewater treatment plants, airports, power plants, mass transit systems, mining facilities, bridges and highways, hospitals, office buildings, sports arenas, resort condominiums, universities and schools, manufacturing and processing facilities, and military facilities.
Examples of Mr. Hafer's most recent experience include:
Represented a consortium of international contractors, designers and OEM’s in a $400 million ICC arbitration involving a hydro-electric plant and tunnel in Panama;
Represented a worldwide supplier of plants, equipment and services for hydropower stations and for the pulp and paper industry in disputes arising from a $2 billion pulp mill project in South America, and involving two separate ICC arbitrations;
Represented the design-build-operate-maintain contractor on the $2 billion Tren Urbano mass transit system in San Juan, Puerto Rico– a Federal Transit Administration "demonstration" project, including a substantial ICDR arbitration;
Represented one of the world’s largest energy sector companies as Project Counsel on an off-shore oil and gas production platform in Brazil;
Represented one of the world’s largest transportation system OEM’s on the Mecca Saudi Arabia metro project;
Represented one of the world’s largest rail transportation OEM’s in a AAA arbitration involving the long-term maintenance of 400 locomotives; and
Represented the U.S. and Israeli owner/developers in a complex, multiparty AAA arbitration involving construction of a luxury condominium project in Las Vegas.
Over the years, much of Mr. Hafer's practice has focused on the representation of public owners on major infrastructure projects, including the following:
The Boston Central Artery/Tunnel Project (the “Big Dig”);
The Hartford Connecticut Clean Water Project;
The Boston Harbor Project for Massachusetts Water Resources Authority (“MWRA”);
The MetroWest Water Supply Tunnel for MWRA;
The Deep Tunnel and Pollution Abatement Program for Milwaukee Metropolitan Sewerage District (“MMSD”);
The Logan Airport Modernization Project for Massachusetts Port Authority;
The CSO Tunnel Project for the Narragansett Bay Commission in Rhode Island;
Water/wastewater projects for the City of Atlanta, Georgia;
The Cobb County, Georgia Water Authority Chattahoochee and South Cobb Tunnel Projects; and
The DeKalb County, Georgia Scott Candler Water Treatment Plant.
Mr. Hafer focuses much of his practice on the prevention of construction related disputes through effective risk allocation and management and contract drafting. Mr. Hafer often works as a member of the owner’s project management team at the “front end” of projects to achieve these goals. He also leads teams providing clients with the Construction Group’s Project Counsel service.
Mr. Hafer works directly with construction project participants to avoid disputes and effectively and efficiently resolve, on a “real-time” basis, those disputes that cannot be avoided. He is well-versed and experienced in negotiation, mediation, arbitration, dispute review boards and other forms of construction ADR. He is a panel member on the AAA's roster of arbitrators and mediators, he is co-chair of the American College of Construction Lawyers (ACCL) Alternative Disputes Resolution Committee, a member of the International Institute for Conflict Prevention and Resolution (CPR) Construction Advisory Committee, and the primary author of “Dispute Review Boards and Other Standing Neutrals, Achieving “Real-Time” Resolution and Prevention of Disputes” for CPR. Mr. Hafer has also helped create and has successfully implemented customized dispute resolution processes to fit the particular needs of a project when other more traditional ADR procedures are not working.
In addition to extensive construction ADR experience, Mr. Hafer has presented construction cases to judges and juries in a number of state and federal courts across the country and to administrative boards of federal, state and local government agencies. Mr. Hafer also has extensive appellate experience. He has presented cases to the North Carolina, Wisconsin and Florida courts of appeals, as well as the federal courts of appeal for the Fourth, Fifth and Eleventh Circuits.
Claims avoidance and education are an important part of Mr. Hafer’s practice. He has spoken at the Construction Super Conference, the American Bar Association Forum Committee on the Construction Industry, the American Underground Construction Association, the Design Build Institute of America, the Association of Corporate Counsel, the Atlanta International Arbitration Society, and other industry related programs.
Mr. Hafer was listed in the 2020 and the 11 years immediately preceding editions of Chambers USA: America's Leading Lawyers for Business for Construction Law and he was listed as #1 in the 2020 and the nine years immediately preceding editions. Mr. Hafer was recommended by Legal 500 US in 2009 and 2020 and the eight years immediately preceding for Construction Law. He was also recognized 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. He was recognized in 2021 and the 18 years immediately preceding by other practicing attorneys as one of the Best Lawyers in America® in the fields of Arbitration, Construction Law, Commercial International Arbitration, and Construction Litigation. Mr. Hafer was named an “Atlanta Lawyer of the Year” in 2018 for Construction Litigation and again in 2020 for Construction Law by The Best Lawyers in America®. He was listed in Who’s Who Legal: Thought Leaders – Construction in 2018, The International Who's Who of Business Lawyers repeatedly in the area of Construction, and The International Who's Who of Construction Lawyers in 2010 and 2014. Mr. Hafer is a Fellow of The American College of Construction Lawyers. He was named a Georgia "Super Lawyer" in the area of Alternative Dispute Resolution in 2009 and in the area of Construction Litigation in 2020 and the 11 years immediately preceding and a Top 100 Georgia "Super Lawyer" in 2011 by Super Lawyers magazine. Mr. Hafer is AV® rated by Martindale-Hubbell.*
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University of Tennessee J.D. (1983) high honors, Order of the Coif, Phi Kappa Phi
Georgia State University B.S. (1975) cum laude
Alternative Dispute Resolution Training:
AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators (2014)
Dispute Resolution Board Foundation – DRB Advanced/Chairing Workshop and DRB Administration and Practice Workshop (2013)
Straus Institute for Dispute Resolution, STAR – A Systematic Approach to Mediation Strategies (2011)
American College of Construction Lawyers (ACCL), Fellow and Co-Chair of Alternative Disputes Resolution Committee
International Institute for Conflict Prevention and Resolution (CPR) Construction Advisory Committee, Member
International Bar Association, Member
Disputes Review Board Foundation, Member
American Underground Construction Association, Member
American Arbitration Association’s Roster of Arbitrators and Mediators, Panel Member
Angel Flight Pilot
University of Tennessee College of Law Dean’s Circle
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