Eric L. Nelsonis a partner with Smith, Currie & Hancock LLP and practices in the area of construction law and government contracts. His work focuses on energy (including traditional and renewable energy), federal construction procurements, infrastructure, and healthcare markets.
Eric’s practice primarily involves dispute resolution of construction-related claims. He has tried cases in federal and state courts throughout the country and before the various federal government boards of contract appeals. He has also arbitrated and mediated claims, nationally and internationally.
In addition to dispute resolution, Eric works with clients in negotiating and preparing construction contracts and assists clients with project administration and performance problems. He also advises clients on U.S. federal construction issues, such as the False Claims Act, small business programs, cost and pricing, compliance, Miller Act, Green and sustainable construction, and requests for equitable adjustments and claims.
Eric is named in Chambers USA Guide to America’s Leading Business Lawyer, for construction law(2007-2019); Best Lawyers in America, for construction litigation (2010-2019); Expert Guide to World’s Leading Lawyers, for construction law (2013-2019); Who’s Who Legal Construction (2015-2019); Georgia Super Lawyers, for construction law (2014-2019).
•Co-Generation Power Plant in Louisiana
•Combined Cycle Power Plant in Qatar
•Federal Government Complex in Georgia
•Red River Army Depot, Texarkana, Texas
•Federal Government Hospital in Texas
•Federal Government Laboratory in Georgia
•80-Bed Psychiatric Facility, VA Medical Center, Palo Alto, California
•Hospital Replacement and New Central Utility Plant, Ft. Hood, Texas
•Federal Naval Hospital in Florida
•Health Care and Retirement Complex in Georgia
•Highrise Condominium and Resort Construction in Florida
•Liquid Natural Gas Facility in Venezuela
•Medium Section Steel Mill and Caster in Georgia
•Rail and Transportation Project in Florida
•Reverse Osmosis Water Treatment Facility in California
•Road Construction in Georgia
•Telecommunications Bandwidth Upgrade Projects in Several Mid-West States
•VA Medical Center, Aurora, Colorado
•Condominium Complex in Bay County, Florida
•Apartment Complex in Los Angeles County, California
•Hospital Addition and Renovation, Jacksonville, Florida Naval Air Station
•ENR Voices of Construction Law - September 3/10, 2018
Articles & Publications
•Nelson and Stuart, “Should Government Contractors Be Concerned About Fluor Intercontinental?” ABA Procurement Lawyer, Winter 2013
•Federal Government Contractor Ethics and Compliance Programs, AGC of America, 2012
•Spittler and Nelson, “Where is Project Delivery Headed?” AACE International, 2011.
•Kelleher, Nelson, and Miller, “The Resurrection of Rice? The Evolution (and De-Evolution) Of The Ability Of Contractors To Recover Delay Damages On Federal Government Construction Contracts,” Public Contract Law Journal, American Bar Association, Winter 2010.
•Klanac and Nelson, “Trends in Construction Lost Productivity Claims,” Journal of Professional Issues in Engineering Education & Practice, American Society of Civil Engineers, July 2004.
•Douglas, McCarthy, and Nelson, “Delay Claims Against the Surety,” ABA Journal for the Forum on the Construction Industry, July 1997.
•Should Government Contractors Be Concerned About Fluor Intercontinental?, Common Sense Contract Law (March 1, 2013)
•“Is the Spear in the Spearin Doctrine Pointing in a Different Direction,” Construction Superconference, San Diego (panelist)(December 2015)
•“New Risk in Project Delivery”, Vendome Construction Superconference, San Francisco (moderator) (December 2012)
•Legal Trends in Small Business Program, American Bar Association, Public Contracts, Construction Division, Annapolis (2012) (speaker)
•Federal Construction Update, The Seminar Group, Atlanta (2012-2014) (speaker)
•Federal Integrity Symposium for U.S. Government Contractors, United States General Services Administration, Cleveland (2011) (panelist)
•Federal Construction Contracts and Federal Business Ethics and Compliance, Associated General Contractors, National Convention, Las Vegas (2011) (speaker)
•“Where is Project Delivery Headed?” AACE International National Convention, Anaheim (2011) (speaker and presented paper)
•“The Delivery Dilemma,” Vendome Construction Superconference, San Francisco (December 2009) (moderator)
•“The Resurrection of Rice?” American Bar Association Section of Public Contract Law (November 2009) (panelist and presented paper)
•“Integrated Project Delivery,” Vendome Construction Superconference, San Francisco (December 2008) (panelist)
•“Legal Trends in Construction Law,” Associated Builders and Contractors Annual Meeting, Las Vegas (May 2007 and 2008) (speaker)
•“Change Control and Programme Management,” Vendome International Construction Superconference, London, U.K. (May 2007) (moderator)
•“EPC and Design-Build Construction,” Federal Publications Seminars, LLC, Las Vegas, Washington D.C., and Miami (2004, 2005, and 2006) (speaker)
•“The Practical Consequences of Shifting Risks to the Contractor”, Andrews International Construction Superconference, London, U.K. (May 2006) (moderator)
•“Loss of Productivity Claims” Commercial Construction Law Conference, Boston (July 2006) (speaker)
•“What Does Lump Sum Turnkey Really Mean to the Owner and Contractor?” Andrews International Construction Superconference, London, U.K. (May 2005) (moderator and presented paper)
•“Stranger in a Strange Land, International Construction Contracting in the 21st Century,” American Bar Association Section of Public Contract Law, Atlanta (August 2004) (program coordinator)
•“Proving and Defending Against Construction Damages Claims, A New Look,” American Bar Association Section of Public Contract Law, San Francisco (August 2003) (panelist and presented paper)
•“The Use of ADR in Public Construction Contracts,” American Bar Association Section of Public Contract Law, Annapolis, (March 2001) (panelist and presented paper)
•Contract Clauses to Incorporate in Light of the Government's Policy Changes - May 2, 2018 - Pentagon City, VA
•Contractor Obligations for Pass-Through Claims - December 6, 2017 - Las Vegas, NV
•Guarding the Gate - December 6, 2017 - Las Vegas, NV
•Smith Currie’s 47th Annual Update Seminar - March 2-3, 2017 - Atlanta, GA
•The Potentialities and Pitfalls of Pass-Through Claims on Public and Private Projects - December 7, 2016 - Las Vegas, NV
•Federal Contracting - What You Need to Know - May 9, 2016 - Washington, DC
Represented owners and contractors in contract negotiations and claims relating to various forms of project delivery. Projects include power, process, and infrastructure works, and high-rise structures, both domestically and internationally (e.g. Qatar, Afghanistan, Venezuela, China, Spain, Dominican Republic, Nepal, Honduras, and Egypt), and have involved various contract forms, including FIDIC, DBIA, AIA, and ConsensusDOCS.