Zach is a seasoned attorney dedicated to serving the needs of clients in the real estate development, design, and construction industry as well as companies doing business with government entities. In addition to his private practice, Zach serves as General Counsel to the Engineers Joint Contract Documents Committee.
Zach prefers to help clients avoid disputes by advising them on contracts and risk management. He has experience assisting clients involved with traditional design-bid-build projects, as well as more specialized contract structures like design-build, P3, and IPD. Zach has worked on projects ranging from roads and pipelines to commercial, industrial, and residential developments. He has represented owners, architects, engineers, contractors, and manufacturers, giving his clients an advantage by understanding the interests, risks, and incentives of all project participants.
Despite his best efforts to prevent disputes, conflicts sometimes still arise on projects. Zach has successfully litigated cases involving multi-million dollar consequences and has helped clients navigate various legal proceedings including claims for money damages, permitting issues, bid protests, and injunctive relief.
Zach is active member of the Tennessee, Kentucky, and American Bar Association. He was elected to serve as a member of the Tennessee Bar Association house of delegates and as a fellow of the American Bar Foundation. In addition, Zach serves on a number of committees, including the Legal Counsel Forum and Risk Management Committee of the American Council of Engineering Companies; the Claims Avoidance and Claims Reduction and Management Committee of the American Society of Civil Engineers; and the ABA Forum on Construction Law Division 6 steering Committee.
Before becoming a lawyer, Zach worked as a construction professional on water and wastewater projects. He is also a combat veteran, having served in Iraq with the 101st Airborne Division. These days, Zach has gone from the battlefield to the boardroom--with the biggest benefit being much better food.
Education
Trevecca Nazarene University, B.A.
University of Memphis, JD, magna cum laude
Law Review; Moot Court, Exec. Bd.; Memphis Assoc. of Law & Business, Pres.
Admissions
Tennessee
Kentucky
U.S. Supreme Court
U.S. Court of Federal Claims
U.S. District Court:
Eastern District of Tennessee
Middle District of Tennessee
Western District of Tennessee
Eastern District of Kentucky
Western District of Kentucky
Selected Publications
Discovery Deskbook for Construction Disputes, 2d Ed., Ch. 7 Discovery by Deposition (ABA 2015)
More Sticks & Bricks, A Lawyers Guide to Advanced Construction Systems and Techniques, Ch. 9 Modular Construction (ABA 2018)
The Allocation of Differing Site Conditions Risk, Tunneling & Underground Constr., Vol. 9 No. 1, Mar. 2015
Differing Site Conditions: Recent Decision Affirms Contractor Reliance on Owner-Provided Geotech Info, Tennessee Road Builder Magazine, Mar. 2014
Subcontracting is a risky business: Ensuring payment on public-private partnerships, Insurance, Surety & Liens, ABA Forum on Construction Law (Dec 2013)
Professional Accolades
Fellow, American Bar Foundation
AV® Preeminent Peer Review Rated by Martindale-Hubbell
Best Lawyers: Ones to Watch in America™ for his work in Construction Law and Construction Litigation
Mid-South Super Lawyers, Rising Star, Top Rated Construction Litigation Attorney (TN, AL, and MS)