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Peter M. Crofton
Partner / Atlanta | Jacksonville | Washington, D.C.Peter M. Crofton is a Partner in and the Atlanta Section Head of the Construction Law Practice of Smith, Gambrell & Russell, LLP.
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Full Bio
Mr. Crofton assists clients with all aspects of the design, construction, and renovation of new and existing facilities. He has assisted clients with project development and construction-related legal matters since 1990. He represents a variety of clients, including Fortune 100 and other trans-national companies, with construction projects in the United States, Central America and the Caribbean, Europe and Asia. His practice encompasses pre-construction planning and transactional services, dispute avoidance and risk mitigation during construction and post-construction dispute resolution.
» Project Construction Counseling
Mr. Crofton assists clients with projects ranging from energy, commercial and industrial, food and beverage, resort and hospitality, and mixed-use developments. He drafts and negotiates complex construction agreements including EPC, design-build and program management agreements. He develops luxury branding agreements and mixed-use documents for luxury resorts and branded residences, as well as custom purchase orders for specialty equipment for new or renovated industrial and energy facilities. Mr. Crofton also litigates, arbitrates and mediates complex, multi-party construction disputes throughout the United States and abroad.
Mr. Crofton is an adjunct professor at the Emory University School of Law where he teaches the Energy Law course to second and third-year law students. Mr. Crofton lectures and writes about the legal issues surrounding the deployment of new energy technologies and supporting infrastructure. He also lectures on construction-related topics including the use of new technologies, materials, and techniques in the construction industry.
Mr. Crofton is a native of Atlanta, graduated from Auburn University with his bachelor’s in Computer Engineering and obtained his law degree from the Emory University School of Law. In 2019, 2022, 2023 and 2024 he has been listed as one of Georgia’s leading construction lawyers by Chambers USA. He is a Senior Member of the Institute of Electrical and Electronics Engineers and admitted to the bars of Alabama, Florida, Georgia, and Tennessee. Mr. Crofton is a former member of the Board of Trustees for St. Martins Episcopal School in Atlanta and the Chairman of the City of Norcross Construction Board of Appeals.
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Representative Experience
Mr. Crofton represents owners, engineers, general contractors, subcontractors and surety companies on a variety of projects, including:
Project Construction Counseling
Construction projects vary greatly in size and complexity. No matter the size, construction projects are complex processes. Regardless of the size your project is, having the right project team helps ensure success. Project Counseling provides you with a team of experienced construction lawyers to guide a project through the many decisions that determine success from concept through completion. Project Counseling helps you at every stage of the project. Read More
Manufacturing
- A resin products manufacturer in the construction of a new resin processing facility.
- A specialty chemical company in planning and land use issues relating to future expansion of an existing manufacturing facility.
- An auto parts manufacturer in the design and construction of a new production facility.
- An international steel company in the design, construction and equipping of a new rolling mill.
- An international EPC contractor in litigation with a mine operator arising out of the construction of a mine ore processing facility.
- An aircraft parts supplier in the design, construction and equipping of a new metal stamping facility.
Energy
- An EPC contractor in contract negotiations for the development of nuclear power reactors.
- An international supplier of industrial boilers in litigation and arbitrations arising out of the construction of a waste-to-energy facility.
- An independent power producer in litigation and arbitrations arising out of the construction of co-generation facilities.
- The developer of a patented waste gasification system in project development transactions.
- A trade organization of independent power producers in proceedings before the Georgia Public Service Commission.
- A multinational German conglomerate in disputes with a French developer of a coal-fired power plant in Malaysia.
- An international EPC contractor in ICC arbitration with a state-owned oil company arising out of the design, fabrication, seafastening, and commissioning of three offshore gas processing platforms in Latin America.
- A specialty mechanical piping contractor in litigation and arbitration arising out of the construction of coal-fired power plants.
Transportation & Infrastructure
- A specialty contractor in disputes arising from the installation of signaling systems for new express lanes in an existing underground transit system.
- An international infrastructure contractor in disputes arising from the supply and installation of communications equipment in new and existing underground transit systems.
- A subsidiary of Norfolk Southern in disputes arising from the installation of fiber optic cables in the railbed in multiple states.
- An international infrastructure contractor in connection with disputes arising from interstate interchange improvement projects throughout the southeastern United States.
- An international infrastructure contractor in connection with the supply and installation of toll systems for interstate highways in multiple states.
Food/Beverage/Pharmaceutical
- Food/beverage company in an international dispute concerning construction defects in a food/beverage production.
- An international food/beverage company in drafting and negotiating renewable energy supply agreements that entailed use of advanced renewable energy generation technologies located at the company’s facilities.
- An international pharmaceutical company in ongoing renovations to existing manufacturing facilities.
- An international pharmaceutical company in renovating and adding clean rooms to an existing research facility.
- A project lender in the development of a new state-of-the-art food processing facility.
Commercial
- An international tire company in renovating an existing facility into office space.
- A specialty fabrics producer in developing a new headquarters facility.
- A commercial leasing REIT in multiple renovation projects.
- A technology company in disputes on a new data center.
- An international building products manufacturer in expanding its North American headquarters.
Health Care
- A healthcare REIT in resolving defective work claims on a medical office building.
- An electrical subcontractor in resolving disputes concerning the renovation and expansion of a regional VA medical facility.
Resort and Hospitality
- Successfully managed the termination and replacement of a non-performing general contractor on a multi-million dollar luxury Caribbean resort.
- A developer in disputes arising out of the construction of a resort hotel and condominium project in the British West Indies.
- A developer in litigation and other disputes arising out of the construction of a resort hotel in the southeastern United States.
Mixed-Use/Multi-Family
- A nationwide developer of apartment homes in litigation arising out of the construction of apartments throughout the United States.
- A nationwide developer of mixed-use projects in connection with projects throughout the United States.
- A luxury goods company in licensing its brand name and marks for branded residences worldwide.
- A Fortune 50 general contractor in construction projects nationwide.
Miscellaneous
- A Fortune 50 general contractor in company-wide best practices and compliance reviews.
- A dredging and marine contractor in litigation with various public bodies, including the U.S. Army Corps of Engineers.
- An electrical subcontractor in litigation and arbitration arising out of construction projects involving subway systems, power plant pollution control systems, and regional correctional facilities.
- An engineering firm in litigation arising out of the construction of water and wastewater treatment projects, including a reservoir dam, for numerous public bodies in the southeastern United States.
- A Georgia public authority in litigation matters arising out of various wastewater treatment construction projects.
- A public body in litigation against a program manager relating to disputes on a $1 billion dollar capital improvement program.
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Bar Admissions
Georgia
Alabama
Florida
Tennessee -
Education
Undergraduate- Auburn University
Law School- Emory University
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Memberships
Senior Member, Institute of Electrical and Electronics Engineers
Former Board of Trustees, St. Martins Episcopal School in Atlanta
Chairman, City of Norcross Construction Board of Appeals -
Recognitions
Chambers USA - Construction, Georgia (2019, 2022-2025)
The Best Lawyers in America®, Atlanta, Construction Law (2019-2026); Litigation - Construction (2023-2026); Energy Law (2023-2025)
Best Lawyers® - Atlanta "Lawyer of the Year" Construction Law (2023)
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Publications and Speaking Engagements
Panelist, “NASCLA Discussion of Contractor Referral Services” Webinar, October 28, 2020
“Toward an Understanding of Willful Misconduct in International Construction Contracts,” The Construction Lawyer (Journal of ABA Forum on Construction Law), Vol. 39, No. 2 (2019).
Panelist, “Construction Contract Controls and Construction Audit” Webinar, November 8, 2017
Host, “Georgia Building Code Update” Webinar, May 24, 2016
Lead, “Atlanta Hydrail Technology Forum“, October 7, 2015
Co-Author, “The Evolution Of Force Majeure In Construction Contracts,” Law360, June 22, 2015
Host, In-House Client Lunch and Learn CLE “General Contracting 101”
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SGR Publications
- DOJ Announces Trade Fraud Task Force
- Managing Construction Disputes and Contracts in the Aftermath of Severe Weather
- Navigating Supply Chain Disruptions for Businesses Affected by the Collapse of the Francis Scott Key Bridge
- New York Introduces Joint and Several Liability for Prime Contractors and Subcontractors for Unpaid Wage Claims
- Florida: Building for Tomorrow, Today Despite challenges posed by COVID-19, Florida’s home building boom continues
- Just a Reference or General Contracting? Online Contractor Referral Services Operate in Evolving Legal Landscape
- Executive Order on Buy American Focuses on Domestic End Products, Creates New Department
- Additional Restrictions on Imports from Xinjiang
- Onshoring and the Biden Administration
- Restrictions on Use of Bulk Power Equipment from Chinese Companies
- Georgia Bar Construction Project
- Slave-Free Business Certification Act
- Executive Order Creating a Buy American Requirement for Pharmaceuticals and PPE
- Restrictions on Use of Communications Products from Chinese Companies
- President Trump Issues an Executive Order Authorizing the U.S. International Development Finance Corporation to Invest in Onshore Projects
- Does Georgia’s Stay-at-Home Order Apply to Construction Projects?
- Project Counseling In Every Project Phase
- Project Construction Counseling
- Force Majeure Events and Contract Clauses
- CGL Policy Coverage for Rip and Tear Costs
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Press
- Smith, Gambrell & Russell, LLP’s Construction Group Receives Nationwide Ranking in Chambers USA 2025 Guide
- 42 Smith Gambrell Attorneys and 20 Practice Areas Recognized by Chambers USA 2025
- Smith, Gambrell & Russell, LLP Recognized in The Top 50 Construction Law Firms of 2025 by Construction Executive Magazine
- The Best Lawyers in America® Recognizes 105 SGR Attorneys in 2025 Edition
- SGR’s Construction Group Receives Nationwide Ranking in Chambers USA 2024 Guide
- 42 SGR Attorneys and 19 SGR Practice Areas Recognized by Chambers USA 2024
- Smith Gambrell Russell Recognized in The Top 50 Construction Law Firms of 2024 by Construction Executive Magazine
- Smith Gambrell Russell Welcomes Christopher Smith to International Arbitration and Dispute Resolution Group
- Smith Gambrell Russell Welcomes Attorney Melissa Salsano to Firm’s Growing Construction Practice
- The Best Lawyers in America® Recognizes 102 SGR Attorneys in 2024 Edition
- Chambers USA Guide 2023 Recognizes 44 SGR Attorneys and 18 SGR Practice Areas Among the Best in the Country
- SGR Partners Dana Bradford, Steve Brust, Adam Buss, Randall Constantine, Peter Crofton, Brett Lockwood, and Jeffrey Tenen Named 2023 Best Lawyers® “Lawyer of the Year”
- Best Lawyers in America Recognizes 91 SGR Attorneys in 2023 Edition
- Chambers USA Guide 2022 Recognizes 32 SGR Attorneys and 11 SGR Practice Areas Among the Best in the Country
- Best Lawyers in America Recognizes 66 SGR Attorneys in 2022 Edition
- SGR Partners Re-Elected as State Bar of Georgia Construction Law Section Officers; Construction Law Section Honored with 2020-21 Section Award of Achievement
- Best Lawyers in America© Recognizes 63 SGR Attorneys in 2021
- Best Lawyers® Recognizes 45 SGR Attorneys in 2020
- Chambers USA Guide 2019 Recognizes 13 SGR Attorneys and 6 SGR Practice Areas Among the Best in the Country
- Best Lawyers in America© Recognizes 34 SGR Attorneys in 2019
