Lewis, Thomason, King, Krieg & Waldrop, P.C.
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R. Loy Waldrop, Jr.

Waldrop-2561

Loy Waldrop has represented contractors, design professionals, developers, owners, sureties, and material suppliers in a wide range of construction industry matters for over 30 years. He has more than 25 years of experience in defending major lawsuits against designers with single suit claims as high as $250 million. He has represented contractors in the prosecution and defense of claims ranging from payment issues to complex differing site conditions and scheduling claims. He has participated in hundreds of court cases and arbitration proceedings and has personally tried dozens of jury and bench trials and arbitration hearings to verdict. He has obtained summary or voluntary dismissals of numerous suits against designers. He also regularly assists his contractor and designer clients in contract reviews and negotiations. His present practice is devoted almost exclusively to the construction industry. In the first 10 years of his career, he obtained extensive trial experience in personal injury and product liability cases. He has also represented accountants, attorneys, nurses, architects, engineers and surveyors in professional liability matters.

Mr. Waldrop is a Distinguished Military Graduate of Clemson University and served in the U. S. Army Security Agency from 1966-68, reaching the rank of Captain.  He serves as an arbitrator in construction cases and as a mediator for construction disputes. Mr. Waldrop is a Tennessee Supreme Court Rule 31 Listed General Civil Mediator.

AFFILIATIONS

  • Tennessee Bar Association
  • Knoxville Bar Association

PROFESSIONAL HONORS AND ACTIVITIES

  • Selected by American Lawyer Media and Martindale-Hubbell as Elite Lawyer of the South 2017
  • Selected and listed in “2016 Top Rated Lawyers in Construction Law”, American Lawyer Media and Martindale-Hubbell
  • Best Lawyers 2008-18
  • Best Lawyers: “Construction Lawyer of the Year” (2011) (2014) (2017); “Construction Litigation Lawyer of the Year” (2012) (2015) (2017)
  • Mid-South Super Lawyers 2008-17
  • Member, Tennessee Bar Association committee responsible for drafting Tennessee’s construction lien statutes enacted in 2007
  • Past president, local chapter of the Construction Specifications Institute
  • Past member, Board of Directors, American Subcontractors Association, Associated Builders and Contractors
  • Past member, Board of Directors, Tennessee Association of Construction Counsel
  • Executive Editor of the University of Tennessee Law Review

Best Lawyers Award Badge

Best Lawyers Award Badge

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Best Lawyers Award Badge

Best Lawyers Award Badge

Best Lawyers Award Badge


Best Lawyers Award Badge

Knoxville Office

One Centre Square, Fifth Floor
620 Market Street
Knoxville, Tennessee 37902
Telephone (865) 546-4646
FAX (865) 523-6529

Education

Clemson University, BSME, 1965

University of Tennessee, J.D., 1973

Bar Admission

Tennessee, 1973

  • Construction

    We have a broad and substantial construction practice with a solid record of service to the design and construction industry. Our experienced and dedicated construction practice group attorneys understand the construction industry and can help you navigate its often complex contracts and diverse relationships. We work closely with clients to identify… [Read more]

    Mediation

    As participants in the system are learning, litigation is expensive, in money, time and resources. A lengthy pretrial process can be just the start given today’s clogged court dockets and even reaching trial can have unpredictable results. The legal community has developed several forms of alternate dispute resolution, such as… [Read more]

    Professional Liability

    As a professional, your reputation means everything. We are sensitive to the fact that professional liability lawsuits and claims affect reputations, as well as personal finances, and we stand ready to aggressively protect your practice at both the trial and appellate levels. Representative clients include: Accountants Attorneys* Architects Contractors Directors of Corporations Engineers Financial Advisors Hospitals and Medical Facilities Insurance… [Read more]

  • Representative Experience

    • Representation of a U.S. subsidiary of a major European industrial equipment contractor in defense of lien and payment claims involving a significant industrial construction project.  Mr. Waldrop assisted his contractor client by filing a declaratory judgment action to bring the major parties into one suit with all claims being resolved expeditiously in a subsequent mediation.
    • Pro bono representation of single mother/homeowner and her seven minor children in lawsuit against a municipality arising from multiple water intrusion incidents into the family home as a result of deficiencies in the municipal storm water system.  After the homeowner had met with the municipality manager, engineering department and municipal council with no relief provided from the water intrusion problems, Mr. Waldrop agreed to assist her in her efforts to obtain relief from the water intrusion incidents and subsequent mold growth that had forced evacuation of the home.  Mr. Waldrop filed suit against the municipality asserting claims for temporary and permanent nuisance/inverse condemnation and also seeking a permanent injunction to force the municipality to upgrade its subdivision storm water system to meet current standards.  He engaged engineers, appraisers, contractors, and a realtor to assist as expert witnesses in the preparation of the homeowner’s claims. After depositions of the parties’ engineering experts, the municipal mayor and manager were taken, and the municipality’s motion for summary judgment was defeated, the case was resolved through mediation and subsequent negotiations.  The municipal infrastructure ultimately was upgraded to meet the municipal storm water event criteria.
    • Representation of prime contractor in arbitration case involving contractor payment and owner construction defect claims arising from construction of $25 million mountain top home/lodge in Western North Carolina. The total claims involved, approximately $2 Million, were eventually resolved in mediation with the owner, contractor and subcontractors.
    • Representation of prime contractor in American Arbitration Association case involving the defense of a subcontractor’s claims of $379,000 extra cost and delay arising from Maryland military base project. The arbitrator dismissed all the subcontractor’s claims after a two day evidentiary hearing and reviewing the post hearing briefs.
    • Representation of engineering design firm in the defense of owner in $8 million dollar sinkhole subsidence claims asserted in state court that involved geotechnical and foundation design and construction issues and claims against multiple defendants. Mr. Waldrop obtained an early resolution of the case for his client after retaining construction pricing and scheduling witnesses and developing a collateral attack on the owner-plaintiff’s damage claims.
    • Representation of hotel owner in two-week arbitration hearing involving interpretation of the prime contract, contractor payment claims, and owner construction deficiency claims. The award obtained by the contractor was about 50% of the contractor’s last settlement demand.
    • Representation of two engineering firm defendants in a federal court suit alleging ground, sinkhole, and well water contamination. The case involved complex airborne dust and hydro-geological issues in an area encompassing several square miles. Mr. Waldrop was instrumental in obtaining a favorable resolution of this suit involving over 150 plaintiffs asserting over $250 million in claims against six defendants through finding key expert witnesses, development of a comparative fault defense involving several of the plaintiffs, and using innovative mediation procedures with the other plaintiffs.
    • Representation of engineering firm defendant in a state court suit with a project owner that involved owner delay claims against the project engineer and contractor exceeding $10 million dollars based on the issuance of a Corps of Engineers’ cease and desist order and state and federal permitting issues associated with wetlands violations and Indian burial grounds on proposed $600 million dollar project. Mr. Waldrop obtained nationally recognized damage and liability experts on scheduling, permitting, archeology and accounting issues to analyze the owner’s claims and resolved the case for his client through mediation and negotiations.
    • Representation of school board owner in arbitration defense of contractor claims and assertion of an owner counterclaim. Mr. Waldrop obtained an award for his client on its counterclaim in the arbitration hearing and preserved the award through an action in Chancery Court to set aside the award, in the Tennessee Court of Appeals, and ultimately in the Tennessee Supreme Court, serving as lead counsel in the arbitration and in the trial court and appeal hearings. The case clarified the law in Tennessee on whether governmental entities can legally agree to arbitrate disputes. Southern Constructors, Inc. v. Loudon County Bd. of Educ. 58 S.W.3d 706 (Tenn. 2001).
    • Representation of a contractor concerning the contractor’s Class 1 differing site condition claim against the project construction manager on a federal asbestos abatement project. The case concluded in a paid judgment for the contractor’s entire claim amount asserted in the federal court trial.
    • Representation of contractors, subcontractors, and construction managers in resolving payment and work quality disputes with commercial project owners and other contractors through negotiation and mediation.
  • Mr. Waldrop has been presenting seminars for the construction industry for more than 20 years to local and regional audiences. His recent construction industry seminar engagements include the following:

    • “Law of Design Professional Malpractice” – HalfMoon Education Inc., Knoxville, 2015
    • “Professional Liability for Construction Professionals” – East Tennessee Development Symposium, Knoxville, 2014
    • “Construction Project Development and Performance Bonds”, Lewis King Seminar, Knoxville, 2013
    • “Construction Defects” – Applicable Statutes of Limitations and Repose – UT College of Architecture, Knoxville, 2012
    • “Law of Construction Defects and Failures” – HalfMoon Seminars, Knoxville, 2011
    • “Legal Issues for Tennessee Design Professionals” – HalfMoon Seminars, Knoxville, 2009
    • “Sinkholes and Wetlands: What to do When Bad “Stuff” Happens” – Tennessee Association of Construction Counsel Seminar, Nashville, 2008
    • “Integrated Project Delivery” – AIA Tennessee Convention, Nashville, 2008
    • “Tennessee’s New Construction Lien Law” – HalfMoon Seminars, Knoxville, 2007