Thomas H. Asselin

Thomas Asselin is a partner and Section Head of the Construction Section of Smith, Gambrell & Russell, LLP.

Mr. Asselin has practiced exclusively in the construction law field since 1972. During that period of time, he has handled legal matters in some 29 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Canada and Europe. He has arbitrated matters in 18 of the original regions of the American Arbitration Association. Illustrative projects in which Mr. Asselin has arbitrated or litigated include: office buildings and hotels, conference centers, bank buildings, apartments and condominiums, sewage treatment plants, power plants, prisons, airports, highway and bridge work and a number of governmental and military facilities. In one project involving a $1.5 billion power plant, Mr. Asselin was primary partner responsible for the owner for handling all contractor claims on the project. The project was completed on time and under budget. All claims were satisfactorily resolved without litigation, except one, which was settled within ten months of filing.

Mr. Asselin was awarded a Bachelor of Science degree in Civil Engineering in 1964 from Northeastern University, where he participated in the co-op education program. His co-op assignments were as an engineering trainee with the Gilbane Building Company in Providence and Edwards & Kelcey consulting engineers in Boston and as a project engineer for Dimeo Construction Company in Providence. Mr. Asselin was on the graduate staff of the M.I.T. Department of Civil Engineering, where he received a Masters of Science degree with emphasis in construction management in 1966. At M.I.T., he performed research in computer applications of various project scheduling techniques and participated in the design and programming of PROJECT I (Project Engineering and Control), developed by the M.I.T. Department of Civil Engineering. Mr. Asselin’s Masters’ thesis “CPM Bar Chart: A Graphic CPM Schedule Generated by Computer”, was published by the Department of Civil Engineering in 1966. He was awarded the M.I.T. Tucker-Voss Award for Achievement in Building Engineering and Construction. During that period, he was also a principal in the project scheduling consulting firm CPM Computer Research.

In 1969, Mr. Asselin received the Juris Doctor degree from Northwestern University. During that time, he was employed as a scheduling coordinator for Aberthaw Construction Company in Boston and later as an assistant project manager for Cabot, Cabot & Forbes Company, a national real estate developer in Boston. Mr. Asselin also served in the United States Army as a Contracting Officer’s Representative and Legal Defense Counsel.

Mr. Asselin has spoken and published papers for various industry publications and professional programs, including seminars sponsored by the Associated General Contractors of America, Mechanical Contractors Association of America, the National Electrical Contractors Association, Engineering News Record, Construction Business Review and the National Business Institute. He is a member of the Bars of Georgia, Massachusetts, Virginia and the District of Columbia, the Civil Engineering Honor Society Chi Epsilon and Sigma Xi Honorary Society. He serves as a Mediator and Arbitrator. He has been voted one of the Best Lawyers in America in Construction Law.

Representative Speeches and Papers

• “The Major Claims Areas,” Aspen Construction Conference, Aspen, Colorado.
• “Legal Exposure of the Design/Build Participants: The View of the General Contractor,” American Bar Association Forum on the Construction Industry; 11th Annual Meeting, San Francisco, California.
• “The Use and Effect of Exculpatory and Risk Management Clauses,” Engineering News Record and Construction Education Management Corp., Vail, Colorado.
• “Contract Issues Mechanical Contractors Need to Worry About,” Mechanical Contractors Association of America, Annual Convention.
• “Legal Implications of CPM Scheduling,” American Association of Cost Engineers-Alabama Section, Birmingham, Alabama.
• “Mediation: Its Goals and Objectives; The Process; And Its Effectiveness As A Method Of Avoiding Litigation,” Associated General Contractors of America.