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Zachary D. Jones

Zachary D. Jones

Zach Jones devotes his practice to serving the construction industry and companies that do business with municipalities, states, and the federal government. Leveraging his experience managing complex infrastructure construction projects prior to becoming a lawyer, Zach regularly advises contractors, owners, and engineers on any number of legal issues and contract disputes.  

Representative Engagements

  • Tunnel construction.  Zach’s industry experience has resulted in numerous engagements related to underground construction. For example, Zach was retained to prosecute a multimillion dollar differing site conditions and wrongful termination claim against a state agency resulting in the agency paying his client. Zach also has experience drafting contract documents and representing public owners building large tunnel projects.
  • Bid and status protests.  Having spent time as an estimator, Zach is routinely sought out to represent clients bidding on public projects. For example, Zach represented a client in a pre-bid protest on a federal project where the specifications unfairly excluded his client from participating. In that case, the agency ultimately agreed (after we filed our protest with the GAO) and re-bid the project. In another case, Zach sued a municipality in Tennessee on behalf of a utility contractor after the city refused to award the project to Zach’s client—and instead awarded it to a local bidder whose bid was significantly higher. (This case was actually reported on by the Tennessean). Zach’s client ended up getting the award.  
  • Contract review.  Contractors, developers, public owners, and subcontractors routinely retain Zach to review and advise them with respect to contracts and purchase orders. Zach’s experience includes modifying EJCDC, ConsensusDocs, AIA, and any number of custom documents. Zach also has experience advising with respect to alternative project delivery arrangements, including public-private partnerships and construction manager at-risk. In 2016, an industry publication of the American Society of Civil Engineers asked Zach to write an op-ed on the subject of alternative project delivery based on his experience. 
  • Construction defect litigation.  Zach’s experience includes defending contractors, subcontractors, and vendors caught up in construction defect claims. For example, Zach was part of the team that successfully defended a foreign manufacturer against a construction defect claim alleging damages of more than $3,000,000.  
  • Subrogation and builder’s risk claims.  Zach has experience defending trade contractors against subrogation claims. For example, Zach was part of the team that obtained a dismissal with prejudice of all claims brought by both the owner and the owner’s insurer after a project under construction was destroyed by fire.  

What Clients Say

Zach got the small things right, he "hit the ground running," was thorough/appropriate with actions taken, and this is what any case truly needs . . .  We ended up not going to trial and came out with the results I wanted, more than many in my close circle thought would happen . . . I had a peace of mind many times knowing I hired the best attorney for my case.
- An owner Zach represented
Zach was very knowledgeable about the construction law that pertained to our case. Zach was very understanding of our situation and how it would affect our company. He was able to help our company to get the best outcome possible.
- A utility contractor Zach represented

Recent News, Articles & Speaking Engagements

  • "You Be the Judge," presentation demonstrating what participants can expect at an arbitration hearing, American Society of Civil Engineers Construction Institute Summit, Fort Worth, TX, March 3, 2018
  • "Resolving an Engineering/Construction Dispute Using Litigation and Mediation," American Society of Civil Engineers Construction Institute Summit, Fort Worth, TX, March 2, 2018
  • "P3: The Promise of Public-Private Partnerships," by Richard Massey, Civil & Structural Engineer magazine, January 1, 2018
  • "The Story of a Claim Resolved by Mediation," Structures Congress 2017, Denver, CO, April 7, 2017
  • "Resolving an Engineering / Construction Dispute Using Litigation & Mediation," Structures Congress 2017, Denver, CO, April 7, 2017
  • "Alternative Project Delivery: IPod or New Coke?," Geostrata, July/August 2016
  • "The Anatomy of a Differing Site Conditions Claim," Annual Transportation Construction Law & Regulatory Forum, Washington, D.C., June 2016
  • "To Un-Jam Transportation Infrastructure Tenn. Tries P3s," with Cassidy R. RosenthalLaw360, May 26, 2016
  • "Tennessee enacts Public-Private Partnership statute in quest to solve growing traffic problems ," Stites & Harbison Legal Update, May 11, 2016
  • "Contractors: The G-Man Cometh, Are You Ready?," Stites & Harbison Legal Update, March 17, 2016
  • "GAO Report is a Good Reminder to Bidders on Federal Procurements: Agencies Don’t Always Follow the Rules!," Stites & Harbison Client Alert, August 20, 2015
  • "The allocation of differing site condition risk," Tunneling & Underground Construction magazine, Volume 9 No. 1, March 2015
  • "Anatomy of a Differing Site Conditions Claim," Construction Super Conference, Las Vegas, Nev., December 2, 2014
  • "Small Business Opportunities: Requirements, Certification, and Documentation," Society for Military Engineers 2014 Great Lakes & Ohio Valley Joint Engineer Training Symposium, Louisville, Ky., November 19, 2014
  • "Subsurface Conditions & Construction Contracts - What you Need to Know," with Steven M. Henderson,  Webinar, American Road & Transportation Builders Association (ARTBA), November 5, 2014
  • "The Impact Geotechnical Data Management Systems May Have on Risk Allocation for Differing Site Conditions in Construction Contracts," Deep Foundations Institute's 39th Annual Conference, Atlanta, Ga., October 21, 2014
  • "Alternative Project Delivery: IPod or New Coke," American Society of Civil Engineers Pipeline 2014 Conference, Portland, Ore., August 5, 2014
  • "Differing Site Conditions:," Tennessee Road Builder, March/April 2014
  • "Recent Opinion Affirms Contractor Reliance on Owner-Provided Geotechnical Information," Stites & Harbison Client Alert, March 27, 2014
  • "Opportunities for Small Businesses in Federal Contracting: Documentation Requirements," presented at Society of American Military Engineers Small Business Workshop & Matchmaking, Louisville, Ky., January 2014
  • "How small business can grow by selling to the government," Business First, January 17, 2014
  • "Subcontracting is a Risky Business: Ensuring Payment on Public-Private Partnerships?," Insurance, Surety & Liens, newsletter of Division 7 of the ABA Forum on Construction, December 2013
  • "Excavation, Ground Support, and Construction of a Nuclear Refueling Simulator within an Existing Building," Proceedings of DFI 11th Int'l Conference: Geotechnical Challenges in Urban Regeneration, London, UK, May 2010

Before Stites & Harbison

Prior to attending law school Zach spent more than five years bidding and building a wide range of construction projects throughout the southeastern United States. While attending law school Zach continued to train construction industry professionals on a wide range of management issues.  Before becoming involved in the construction industry, Zach was a non-commissioned officer in U.S. Army with the 101st Airborne Division (Air Assault), 327th Infantry Regiment. 

Besides Stites & Harbison

During his free time, Zach devotes his time to his wife, Beth, and their two children, Aron and Georgia.

Professional Accolades

Mid-South Super Lawyers®, Rising Star (2017)

Community Involvement

  • Veterans of Foreign Wars