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Nicholas S. Papleacos

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Education

Harvard College, A.B., 1976

University of South Carolina School of Law, J.D., 1981

Bar Admissions

State Bar of Georgia

Court Admissions

All trial and appeals courts of Georgia

Untied States District Court for the Northern District of Georgia

United States District Court for the Middle District of Georgia

United States Eleventh Circuit Court of Appeals

United States Court of Federal Claims

United States Federal Circuit Court of Appeals

United States Fifth Circuit Court of Appeals

Profile

Nicholas has more than 30 years of experience in construction law and litigation. He maintains a prominent national construction law practice, representing industry-leading general contractors and specialty trade contractors involved in coatings, mechanical and electrical work. Nicholas has represented clients in disputes throughout the country in state and federal court trials and in arbitration proceedings. Also, he has advised contractors on federal and state construction projects, litigating issues arising out of federal contracts and regulations.

Nicholas has significant experience assisting clients in negotiating construction contracts by utilizing distinct clauses to avoid or minimize financial risks. He has counseled clients during disputes with strategies and tactics that produce favorable settlements without litigation or arbitration. 

Significant Matters

  • California NASA Project. Achieved reversal of a termination for default against a coating contractor on a NASA project at Moffett Field near San Francisco. The government was found to have been using different criteria for inspection than what was specified. The Court of Federal Claims granted the contractor payment for its outstanding contract balance and its entire claim for additional compensation, including delay costs and legal fees.
  • Bid Protest in Florida. Attained an award for anticipated profit in addition to legal fees in a bid protest in Florida, where the client was the low bidder but had not been awarded the project. Cross examination of the contracting officer uncovered that the government agency was changing cost estimates to justify its refusal to award the contract to the client.
  • Coating Work on Chicago Skyscraper. Overturned the termination of a contractor. Represented a client against a large insurance company in arbitration in Chicago involving coating work performed on a 46-floor office tower. The contractor was terminated for default, allegedly for failing to meet the schedule. After it was revealed at the hearing that the owner was using the threat of termination to force the contractor to do extra work for no additional compensation, the contractor recovered all payments as well as costs of delay and interference from the owner.
  • International Airport in Las Vegas. Successfully defended a contractor on the new terminal at McCarran International Airport in Las Vegas on claims of delay from an electrical subcontractor. The review of the subcontractor’s internal records exposed that its project manager secretly maintained a separate attachment to a financial spreadsheet where he blamed delays on its labor.
  • Demolition Contractor. Recovered a demolition contractor’s contract balance in arbitration when the evidence revealed that the contract did not put the risk of excavating deeper foundations on the contractor.

Speeches/Presentations

  • Nick has presented topics at over a hundred seminars, trade industry conventions and client meetings.  The subjects have covered most areas of construction disputes.

Professional Affiliations

  • Past Chairman, Southern Polytechnic State University Foundation, an organization that provides for capital development and advancement of the purposes of the University; Trustee, 2002 – present.
  • Kennesaw State University Foundation, Trustee; Member, Real Estate Committee.
  • Member, Construction Management Industry Advisory Board of Kennesaw State University Construction Management Department.
  • Instructor, (Construction Law, Dispute Resolution) Construction Management Department, Kennesaw State University.
  • Past President, Greek Orthodox Metropolis of Atlanta Diakonia Center, Inc., a 210-acre retreat and meeting facility. Oversaw operations and construction of new buildings and facilities.

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