Bar & Court Admissions
- Georgia, 1993
- United States Supreme Court, 2010
- U.S. Court of Appeals, Fourth Circuit, 2009
- U.S. Court of Appeals, Eleventh Circuit, 1998
- U.S. District Court, Middle District of Georgia, 2000
- U.S. District Court, Northern District of Georgia, 1998
Duke University, B.A., 1989
Emory University, J.D., 1993
Annette Quinn: 404.582.8088 - Email
CHARLES E. ROGERS is a partner in the Atlanta office of Smith, Currie & Hancock LLP. Charlie focuses his practice on the representation of parties involved with the design, construction, ownership and development of commercial and residential construction projects, for public and private entities. This representation encompasses all phases of such projects, including pre-project planning and development, contemporaneous management and resolution of project-specific disputes and claims, as well as post-project operations and claim handling. Specific services provided include traditional litigation, claim preparation and defense, contract drafting and negotiation, alternative dispute resolution and general consultation, for projects and matters ranging from office, shopping center, hospitality and retail complexes to large scale multi-family residential developments, mass transit infrastructure, major highway design and construction and other publicly-owned facilities. This representation has included the utilization of mainstream alternative dispute resolution methods such as mediation and arbitration, through the assistance of the American Arbitration Association and other nationally recognized third-party neutrals, and the defense and pursuit of claims in all levels of various state courts, and, within the Federal Court system, in the U.S. District Courts of Georgia, Maryland and Washington, D.C., the Fourth and Eleventh Circuit Courts of Appeal and the United States Supreme Court.
In addition to assisting construction professionals in the resolution of disputed claims and other contested issues on private projects, Charlie is actively involved in providing consultation relating to government contract compliance, including issues raised by application of the Federal Acquisition Regulation (FAR) to construction contracts and other related documents, the resolution of construction-phase issues, the interpretation of contractual responsibilities and obligations and the development of appropriate compliance programs, risk management procedures and safeguards. Charlie's construction practice also encompasses a specialty in handicap accessibility compliance in design and construction, in the context of both state and federal accessibility statutes which are or may be applicable to the myriad types of residential and commercial buildings being designed, constructed or developed in today's marketplace. Charlie regularly participates in the presentation of annual risk management seminars to construction professionals, risk management specialists and insurance representatives.
In both 2005 and 2006, Charlie was identified by Law & Politics and Atlanta Magazine as a "Rising Star," and one of Atlanta's best lawyers under 40.
- Equal Rights Center, et al., v. Archstone Multifamily Series I Trust, et al., v. Niles Bolton Associates, Inc., 602 F.3d 597 (4th Cir. 2010), cert. denied, 131 S.Ct. 504 (November, 2010) (In a case of first impression involving federal statutory preemption principles applied to the Fair Housing Act and the Americans with Disabilities Act, obtained summary judgment on behalf of design firm on property owner’s derivative claims seeking indemnification and/or contribution for damages sustained through a settlement of claims alleging violations of FHA and ADA design and construction requirements at dozens of multi-family apartment projects).
- Kami Z. Barker and Access Now, Inc. v. Emory University, et al., 316 Fed. Appx. 933 (11 Cir. 2009) (Defense verdict at jury trial on claims alleging violations of the FHA and ADA at student housing apartments on university campus).
Wrongful termination claim on $120 million Recovery Act project to design, renovate and upgrade the National Historic Landmark Federal Building at 50 U.N. Plaza.
Allegations of non-compliance with federal accessibility statutes (FHA, ADA) asserted by a non-profit against owner, developer, contractors, architects and engineers involved with design and construction of hundreds of multi-family housing projects nationwide.
Pursuit of default and termination of general contractor, and tender of bond claim to surety, on behalf of owner due to defective construction of four school projects.
Arbitrated favorable award regarding the interpretation, application and implementation of the FAR cost principles to a $50 million transit design contract, as well as an award for total costs and fees.
Defended owner/developer's claims alleging significant structural defects and delays.
Pursued claim on behalf of mill owner against contractor.
Jury trial on claims that University's brand new residential housing campus did not comply with FHA and ADA requirements.
Dispute over bidding process and award of bid for project involving substantial rooftop acreage outside of Atlanta.
Represented engineering firm that designed highway expansion project.
Represented owner in the development of construction and design contracts for use in development of a series of luxury high-rise projects in various cities.
Represented architect in dispute with private university owner regarding interpretation of and compliance with FHA requirements at university apartments.
Represented design firm in defense of owner's claims alleging breach of contract and negligence due to alleged non-compliant (ADA) design and construction.
Represented designer of multiple facilities, including the development of contracts, negotiation with code officials and resolution of claims against owner regarding non-payment and unauthorized re-use of instruments of service.
Represented general contractor in bringing claims against the owner for withholding payments.
Represented contractor in litigation with owner concerning $10 million dispute arising out of the construction of a waste-to-energy plant.
Secured summary judgment award on behalf of designer of Maryland multi-family housing complex on allegations of FHA and ADA claims.
Classes & Seminars Taught
- Multi-Party Arbitration - Panelist, ABA Forum on the Construction Industry Fall Meeting, Joint Division 1 and Division 5 Breakfast, October 14, 2011.
- Federal Government Contracting: From Surviving to Thriving, AIA Large Firm Roundtable, April 7, 2011.
- Arbitration From the Contractor’s Perspective – Practical Considerations, ABA Forum on the Construction Industry Annual Meeting, Division 5 Breakfast Meeting, April 15, 2011.
- Professional Liability and the Building Enclosure, AIA Building Enclosure Council, Miami Chapter, May 18, 2010.
- Professional Liability and the Building Enclosure, AIA Building Enclosure Council, Atlanta Chapter, March 10, 2010.
- Appearing as a Witness in a Civil Case, Legal Issues for Georgia Professional Engineers (Half Moon Seminars), March 27, 2008.
- Law of Architectural Malpractice, Legal Issues for Georgia Architects (Half Moon Seminars), May 17, 2007.
- Accessibility: Owners and Architects Get their Day in Court, National Multi-Housing Council Property/Risk Management Forum, October 30, 2006.
- Lecturer on government contracting compliance and accessibility design and construction requirements under the FHA for various clients.
State Bar of Georgia, Member
American Bar Association, Litigation Section and Construction Industry Forum
ABA Forum on the Construction Industry, Division 5 Steering Committee
Atlanta Bar Association, Litigation and Construction Law Sections