David N. Garst
Nashville Office
424 Church Street, Suite 2500
Nashville, Tennessee 37219
Telephone (615) 259-1366
FAX (615) 259-1389
Martindale-Hubbell® AV Peer Review Rated
Education
University of Tennessee, B.Arch., 1981
University of Memphis, J.D., 1986
Bar Admission
1986 Tennessee
Awards and Recognition:
Martindale-Hubbell AV Preeminent Peer Review Rating
Best Lawyers in America
Mid-South Super Lawyers
Board Member Emeritus – Tennessee Association of Construction Counsel, Inc.
Practice Area
Construction Defect Litigation
Architects and Engineers Professional Liability
Design and Construction Contracts
Construction Mediation
David N. Garst practices principally in the areas of architects and engineers professional liability, construction defect litigation, construction contract law, and commercial litigation. He is the chair of the firm's Nashville Construction Law Practice Group. He also is a Rule 31 Listed General Civil Mediator in the State of Tennessee.
For over 20 years, Mr. Garst has represented architects, engineers, surveyors, contractors, subcontractors, suppliers, building owners, and developers on a variety of projects both locally and regionally. He has substantial experience in the defense of design professionals, and has represented architects and engineers in hundreds of claims, lawsuits, arbitration matters, and disciplinary proceedings. His experience includes claims and litigation over many project types, including commercial, industrial, retail, and residential buildings, subdivisions and industrial parks, water and wastewater plants and facilities, natural gas transmission lines, dams, school and university facilities, airport runways, and electric transmission facilities. Mr. Garst also has substantial experience representing parties involved in disputes and contract negotiations over assisted living, nursing, condominium, hotel and other hospitality projects across the southeast United States. He has been named to “Best Lawyers in America” and “Mid-South Super Lawyers” in the construction practice area. Mr. Garst also has received the Martindale-Hubbell AV Preeminent 5.0 out of 5 Peer Review Rating.Representative Experience:
- Representation of the world’s largest architecture firm in litigation arising from a Nashville sports arena. Mr. Garst managed a team of firm lawyers through months of court directed discovery and depositions. The case ultimately was settled for an amount far below the remaining cost of defense.
- Representation of the designers of a major Memphis sports facility involved in structural defect claims. Through rapid and innovative dispute resolution techniques, the structure was evaluated and remedial work performed during the planned construction period. The facility opened on time and all disputes were resolved within a few months, without the necessity of litigation.
- Representation of an architect charged with numerous disciplinary infractions on four separate projects. Mr. Garst obtained a reversal of the decision of the Board of Architectural and Engineering Examiners in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001). The decision is recognized as a leading case on the standard of proof concerning the professional care required of design professionals in Tennessee.
- Representation of four hotel contractors in a range of disputes involving over 30 hotel projects constructed across the Eastern United States. These cases required preparation and perfection of bond and lien claims, management of local counsel, preparation of numerous contracts, cost effective preparation of technical proof of claims and defenses, and numerous proceedings in courts and before arbitration panels.
- Representation of a German specialty contractor in a multi-party dispute involving a large manufacturing plant in Tennessee. Although a lawsuit was filed, Mr. Garst and his clients worked with the claimants and owners through a series of meetings locally and in Germany to identify the valid issues and arrive at a reasonable resolution. Ultimately, the plaintiffs never served process on the client and the claims were dismissed for a small fraction of the demand.
- Representation of architects in a number of lawsuits involving claims on high-profile residential projects. Litigation regarding high-value homes presents unique challenges. Mr. Garst has developed the technical expertise and network of experts necessary to handle the most demanding cases involving design and construction of large residences.
Education:
Mr. Garst graduated in the top five percent of his law school class at the University of Memphis and served on the Law Review editorial board. He began his career practicing architecture with the Department of Defense in Memphis. In 1986, he accepted a position as a commercial and construction litigation attorney with the Tennessee Valley Authority. While at TVA, he was involved in multi-million dollar lawsuits related to the construction of office buildings and power generation facilities, including pollution control facilities and nuclear plants.
Industry Associations:
Mr. Garst is active in many construction industry organizations. He is a founding member of the Tennessee Association of Construction Counsel, and served as President of the Association from 2003 to 2005. He recently was honored as Board Member Emeritus of the Association. Mr. Garst also presently serves as an elected officer of the Board of the Middle Tennessee Branch of the Associated General Contractors of America. Mr. Garst served for years as General Counsel of two chapters of the American Institute of Architects and wrote a monthly newsletter column called "The Architect's Legal Advisor." In 1997, he received the American Institute of Architects/Tennessee Society Presidential Award of Merit for Distinguished Service. With the firm, he is a member of the Tennessee Association of Plumbing, Heating and Cooling Contractors, the Associated Builders and Contractors, and the Tennessee Society of Professional Engineers. He is a Professional Member of the Construction Specifications Institute, and has received a CSI Chapter Technical Excellence Award. He writes and edits for the Tennessee Construction Law Journal. He also has served on the American Arbitration Association Panel of Construction Industry Arbitrators and has arbitrated many disputes.
Presentations:
Mr. Garst has spoken at hundreds of seminars, meetings, and conventions on a wide range of construction law topics over many years. His recent presentations include the following:
Speaker, “Large Loss Claim Case Study” – American Institute of Architects Tennessee Convention, 2009
Speaker, “Getting Paid” – American Institute of Architects Middle Tennessee Chapter Meeting, Nashville, 2009
Speaker, “Early Resolution of Claims” – American Law Firms Association International Construction Practice Group Meeting, Chicago, Illinois, 2008
Speaker, “Copyright Law for Engineers” – American Society of Heating, Refrigerating and Air Conditioning Engineers Seminar, Memphis, Tennessee, 2008
Speaker, “Independent Decision Makers” – Tennessee Association of Construction Counsel, Townsend, Tennessee, 2008
Speaker, “Managing Construction Projects in Tennessee” – Lorman Educational Services, Inc., Nashville, 2008
Speaker, “Copyright Law for Architects” – American Institute of Architects Middle Tennessee Chapter Meeting, Nashville, 2008
Speaker, “New Consensus Documents” – Association of General Contractors Middle Tennessee Branch, 2008
Speaker, “Retention Documents and Electronically Stored Information” – Council of American Structural Engineers (CASE), Atlanta, Georgia, 2007
Speaker, “Current Issues in Stormwater Litigation” – American Society of Civil Engineers, Nashville, 2007
Speaker, “Professional Conduct and Discipline” – HalfMoon LLC, Nashville, 2007
Speaker, “Practice Checklist for the Tennessee Construction Litigator” – Tennessee Association of Construction Counsel, Tunica, Mississippi, 2007
Speaker, “AIA Contracts” – Lorman Education Services, Nashville, 2007
Speaker, “Large Loss Claim Case Study” – Tennessee Association of Professional Surveyors, Nashville, 2007
Speaker, “Electronically Stored Information” – American Institute of Architects Middle Tennessee Chapter Meeting, Nashville, 2007
Speaker, “Construction Defects Claims Notice Statute” - American Institute of Architects Middle Tennessee Chapter Meeting, Nashville, 2006
Speaker, “Essential Risk Management Practices for Architects and Engineers” – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2005
Speaker, “Legato – A Smooth Performance” - American Institute of Architects Tennessee Annual Convention and Educational Forum, Nashville, 2005
Speaker, “Legal Issues for Tennessee Architects and Engineers” – HalfMoon, LLC, Nashville, 2005
Speaker, “AIA Contracts in Tennessee” - Lorman Education Services, Inc., Nashville, Chattanooga, 2004, 2005, 2007, 2008
Speaker, “Practice Pitfalls II” – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2004
Panel Speaker, “Ownership Transition and Succession Planning” - American Institute of Architects Tennessee Annual Convention and Educational Forum, Nashville, 2004
Speaker, “Construction Management and Design Build in Tennessee” - Lorman Education Services, Inc., Nashville, 2004
Speaker, “Practice Pitfalls” – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2003
Speaker, “Water Intrusion and Mold Claims in Tennessee” – Sterling Educational Services, LLC, Nashville, 2003
Speaker, “Construction Management and Design Build in Tennessee” - Lorman Education Services, Inc., Nashville, 2003
Speaker, “Design Firm Succession Planning” – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2002
Speaker, “Risk Drivers” – Tennessee Engineering Foundation Annual Convention, Tunica, 2002
Speaker, “Ten Tips for Design Contract Negotiation” – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, 2002
Speaker, “Architectural Professional Practice” – DPIC Companies, Inc. Regional Attorney’s Conference, Atlanta, 2002
Speaker, “Risk Drivers” - DPIC Companies, Inc. Seminar, Nashville, 2001
Speaker, “Ten Tips for Claim Survival” – Nashville Chapter, American Society of Civil Engineers, Nashville, 2001
Speaker, “Contracting for Construction Administration” - American Institute of Architects Tennessee Annual Convention and Educational Forum, Nashville, 2001
Speaker, “Construction Contracting for Public Entities” - Tennessee School Boards Association Summer Law Workshop, Nashville, 2001
Speaker, “Design Contracts” - Lorman Education Services, Inc., Nashville, 2001
Privacy Policy | User Agreement | Advertisement Disclaimer