Profile
John S. Ducat has a global construction law practice concentrated on the representation of owners/employers, developers, and contractors in complex transactional and litigation matters concerning the development and construction of major projects. He regularly counsels clients in numerous sectors and his broad range of experience includes work on manufacturing facilities, warehouse and distribution centers, data centers, infrastructure, renewable energy projects, nuclear power plants, airports, sports stadia, hotels, multi-family developments, student housing, and other traditional commercial real estate development. John’s practice regularly extends beyond the domestic market and he advises both U.S. and foreign-based clients on contentious and non-contentious projects throughout the United States, Canada, the Caribbean, Asia, and across Europe.
John has a wholistic construction practice, advising clients on the entire lifecycle of the project – from inception to post-completion claims. He has drafted and negotiated project agreements across all forms of project delivery (EPC, construction management, design-build, design-bid-build, IPD, etc.) and has vast experience with bespoke project documents and all types of industry forms (AIA, DBIA, ConsensusDocs, FIDIC, JCT, CCDC, etc.). In addition, he frequently counsels clients on inter-project issues and claim mitigation. With respect to formal disputes, he has deep experience in all forms of dispute resolution, working with each client to develop strategies tailored to their individual needs.
Capabilities
Experience
- Represented an international energy firm with respect to delay and extra work disputes in excess of US$500 million arising out of the construction of two nuclear power facilities in China.°
- Represented a medical equipment company on the drafting and negotiation of project agreements with respect to the development of a US$300 million manufacturing facility in the Penang province of Malaysia, including engineering and construction contracts and the management of contractor claims and delay issues during the course of construction.°
- Represented Wood Group USA LLC in connection with the US$250 million DuPont expansion project in Circleville, Ohio. The project expands production of Kapton® polyimide film and Pyralux® flexible circuit materials, ensuring a committed supply to meet the growing global demand in the automotive, consumer electronics, telecom, specialized industrial, and defense segments served by DuPont. The matter involved multiple arbitrations and a companion action in Ohio state court.°
- Advised an international restaurant on every element related to the development of a complex network of warehouse and distribution centers, including the creation of a pilot production and distribution facility, the drafting of RFPs for future distribution centers, contractor management, claims avoidance counseling, negotiations, working with contractors, etc.°
- Served as national construction counsel to a German grocery chain with respect to transactional and adversarial matters concerning the development of stores as part of its entry into the U.S. market. The representation involved the development, negotiation, and administration of construction contracts for the implementation of the client’s U.S. growth strategy and project claims counseling.°
- Represented an Asian-based automobile manufacturer regarding the construction of a $5 billion electric vehicle and battery manufacturing facility near Savannah, Georgia.°
- Represented a UK-based utility with respect to the development of an experimental biomass facility in rural Louisiana that utilized bagasse to produce pellets for electricity generation. This facility was part of the client’s broader initiative to increase its self-supply of biomass in order to reduce its dependence on coal, lower carbon emissions, and provide newer sources of safe, reliable, and affordable power.°
- Represented an international solar power developer on disputes arising out of the design and construction of solar fields in Ontario, Canada.°
- Represented a Latin American power company in disputes arising out of the termination of an EPC contractor, and resulting claims, on a biomass energy plant in the Dominican Republic.°
- Drafted and negotiated construction-related agreements for the design and construction of a warehousing and distribution facility in Missouri.°
- Represented a major utility with respect to claims arising out of the design and construction of a solar energy installation in Texas.°
- Represented a building products manufacturer as part of a multijurisdictional team charged with assessing potential liability related to the manufacturer's products' incorporation on projects around the world.°
- Represented a leading global energy company in the drafting and negotiation of agreements related to the development of a biofuel farm and facility in southeast Texas.°
- Represented a leading consumer products manufacturer on the design and construction of a $400 million manufacturing facility, involving the staged development of the facility and management of multiple contractors.°
- Represented a Chinese consumer products manufacturer regarding the drafting and negotiation of construction-related agreements related to the construction of a manufacturing facility located in northern California.°
- Represented an international construction and engineering firm with respect to disputes arising out of the construction of several manufacturing facilities in the southeast United States.°
- Represented a large international general contractor on various construction defect, delay, extra work, and subcontractor disputes throughout the United States.°
- Represented a multinational chemical company in the acquisition of target companies in Russia and the Ukraine.°
°The above representations were handled by Mr. Ducat prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Listed, The Best Lawyers in America, Construction Law, 2023-2024
- Listed, Chambers USA Guide, Construction, 2022-2023
- Listed, The Legal 500 United States, Real Estate: Construction (including Construction Litigation)
- Member, Atlanta Bar Association Forum on the Construction Industry
- Member, Construction Section, Atlanta Bar Association
- Member, State Bar of Georgia
- Advisory Board, Down Syndrome Association of Atlanta, 2018-Present
- Past President, 2014-2018
- PTA Chair, Ground Committee, Morris Brandon Elementary School, Atlanta Public School District, 2022-Present
Credentials
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J.D., Vanderbilt University Law School, 2004
- Member, Vanderbilt Journal of Transactional Law
- B.A., summa cum laude, Providence College, 2001
- Georgia