Gregory K. Smith

Gregory K. Smith advises clients across the full spectrum of construction, energy, contract, and government procurement matters. His practice encompasses complex transactions, strategic counseling, the drafting and negotiation of sophisticated construction, energy, and commercial agreements, and the resolution of high-stakes disputes. He regularly counsels businesses on the legal, operational, compliance, and strategic issues that arise throughout the lifecycle of major projects and commercial relationships.

Drawing on extensive experience in both transactional matters and complex disputes, as well as his service in the United States Navy, Greg provides practical, business-focused counsel grounded in a deep understanding of how decisions made during project development, procurement, contracting, and execution affect risk allocation, project performance, and overall outcomes. He is particularly skilled at integrating the technical, commercial, and legal aspects of large-scale infrastructure and energy projects to help clients achieve successful and efficient project delivery.

Greg is ranked by Chambers USA and Best Lawyers in America in construction law. Since 2015, he has been recognized by Georgia Trend as one of Georgia’s “Legal Elite,” a list of Georgia’s top attorneys, nominated and chosen by their peers. He is a founding member and vice chair of the State Bar of Georgia’s Construction Law Section and founding member and treasurer of the Energy Law Section. Greg serves as the Division Chair for the International Construction Division of the American Bar Association Forum on Construction Law. He is also the Southeast Regional Director for the Society of Construction Law North America.

Prior to practicing law, Greg served in the United States Navy.

Gregory's Practice

Representative Matters

• Led contract negotiations on behalf of an investor‑owned electric utility with general contractors, OEMs, and other project stakeholders in connection with new generation development and expansion of existing gas‑ and oil‑fired power plants.
• Represented an investor-owned electric utility in the procurement and generation development of 8,500 MW of capacity resources to satisfy demand requirements. Led and coordinated legal support across all phases of the utility’s resource planning and procurement efforts, including the development of competitive solicitation strategies and preparation of RFP documents for a diverse portfolio of capacity resources. Work also included the drafting, negotiation, and administration of complex engineering, procurement, and construction agreements, power purchase agreements, equipment supply agreements, and related project and commercial contracts associated with large-scale energy infrastructure development.
• Represented an investor-owned electric utility in negotiating EPC and LTSA agreements for the expansion of an existing generating facility to add approximately 1,400 MW of gas- and oil-fired capacity. Work included advising on complex project delivery, commercial, and risk allocation issues related to the development and long-term operation of significant utility-scale generation assets.
• Represented the owner of the largest solar panel production plant in the United States in a dispute with its design-builder.
• Led team of attorneys representing an investor-owned electric utility in connection with major infrastructure projects involving coal combustion residuals, electric power generation, transmission and distribution systems, and renewable energy initiatives throughout Georgia. His work spans every phase of project delivery, including the strategic oversight, drafting, negotiation, administration, and implementation of complex project and commercial agreements. Also provides ongoing counsel throughout the life of projects, guiding project teams and advising clients on the legal, commercial, and operational issues that arise during the development, execution, and operation of large-scale energy and infrastructure projects.
• Represented the design-build-finance contractor in connection with complex claims asserted by and against the contractor arising out of one of the largest public-private partnership infrastructure projects in Georgia. The project involved the reconstruction of one of the busiest highway interchanges in the state while maintaining continuous traffic flow throughout construction. His work included the management and coordination of legal strategy relating to high-value construction, scheduling, delay, disruption, and project administration issues involving multiple project participants and stakeholders.
• Represented an international engineering firm in connection with contract negotiations and compliance matters relating to a $1.5 billion integrated solar supply chain manufacturing facility designed to produce approximately 3.3 gigawatts of solar panels annually. Work included advising on complex commercial and project delivery issues, negotiating key project agreements, and coordinating legal support for compliance, risk allocation, and operational matters associated with the development of one of the largest solar manufacturing projects of its kind.
• Represented Metropolitan Atlanta Rapid Transit Authority in its 20-year program to renovate and expand its infrastructure and facilities, known as “MARTA 2040.” This work included updating and streamlining many of MARTA’s Capital Projects contract documents, assisting with bidding and negotiating contracts for upcoming infrastructure projects, and serving as “project counsel” for MARTA’s infrastructure projects.
• Represented an international fiber board manufacturer in a complex dispute arising from the construction of a state-of-the-art fiber board manufacturing facility. Work involved advising on significant construction and commercial issues related to project execution, delays, performance, and contract administration, while coordinating dispute strategy and resolution efforts associated with a large-scale industrial manufacturing project.
• Represented a large multinational toll system provider performing public-private partnership projects with the Virginia Department of Transportation.
• Represented a multinational infrastructure contractor performing public-private partnership transportation projects with the North Carolina Department of Transportation.
• Advised German metals recycler with development and construction of a €300 million multi-metal recycling plant.
• Advised multi-national infrastructure contractor with claims related to project to rebuild interchange of two interstates.
• Drafted design agreements, construction agreements, and other service contracts for construction projects and programs in diverse industries and projects valued from $25,000 to over $10 billion.
• Represented Latvian owner of a fiberglass manufacturing facility in claims against its general contractor for defects, delay, and other related claims.
• Advised international infrastructure contractor regarding performance, management, and completion issues with government-funded projects in the United States.
• Represented a Dutch EPC contractor in an LCIA arbitration arising out of a force majeure dispute related to an oil refinery in Kurdistan.
• Advised national senior living developer, manager, and owner regarding real estate and construction issues.
• Represented a Colombian coal mine owner with claims related to delay, warranty issues, and liquidated damages in an ICC arbitration with a German materials supplier.
• Advised Japanese manufacturer with negotiations for construction of international manufacturing plants.
• Represented German manufacturer with warranty, delay, defect, and cost claims against its contractor related to design and construction of manufacturing facility.
• Represented large mechanical subcontractor in claims delay and defect claims related to work on the Savannah Harbor Expansion Project.
• Advised family-owned business on becoming designated as a minority business enterprise.
• Represented international financial institution in arbitrations related to financial services.
• Represented a joint venture of Dutch and Saudi Arabian energy companies in a CPR arbitration with an EPC contractor regarding the massive expansion of an oil refinery.
• Represented a German transportation company in a successful bid protest involving a U.S. Department of Defense contract.
• Counseled many clients, in diverse businesses, on government procurement issues, including federal procurements under non­competitive bid regulations, disputes with government agencies, negotiations with government entities over contract terms and other issues, claims relating to unpaid contract amounts, delay and disruption issues, SBA regulations, MBE/WBE and related minority contracting, and contract change issues.
• Represented Dutch energy company in negotiations for contract amendments with German equipment supplier on a Brazilian energy project.
• Represented global supplier of cellulose specialties products in a dispute with an international design-build contractor related to a cellulose specialties plant conversion.
• Represented a Fortune 50 company in litigation in London, England with an international EPCM contractor arising out of construction and process defects in a state-of-the-art soft drink concentrate manufacturing facility in Europe.
• Represented a large school district pursuing claims of breach of contract, breach of fiduciary duty, fraud, and State RICO violations against a program management firm hired to manage the district’s $1 billion construction program.
• Represented a global mining company in a multi-million-dollar dispute arising out of the engineering and construction of a $1 billion copper mining facility located in the Andes Mountains of Chile.
• Represented a multi-national provider of identification systems in defense of government bid protest.
• Counseled an international aircraft manufacturer regarding sales of aircraft to the United States Department of Defense.
• Represented a global firearms manufacturer in a protest with governmental entities.