Allen Gibson has a meaningful connection with the construction and development industry. As a young man, he spent his summers working as a carpenter on construction projects, first with his father’s company and then with other commercial contractors. Through that work, Allen developed not only a deep understanding of the industry but also a deep respect for it – qualities that are the bedrock of his more than 35-year career as an attorney.

Allen works with owners, developers, design professionals, general contractors, subcontractors, suppliers and sureties on the full range of challenges that arise in the development, design, and construction of various projects. Because of his vast trial experience in state and federal courts, and his experience with arbitration proceedings, Allen is able to soundly resolve disputes for clients as well as help them avoid problems. His work litigating contract terms has also made Allen a trusted advisor in the negotiation and drafting of construction contracts.

Allen is also an active mediator and arbitrator of construction disputes and has provided these services for many parties throughout the country.

Allen is a proven leader as well, having served as the Chair of the American Bar Association Forum on Construction Law and as the President of the American College of Construction Lawyers. Within the firm, Allen has served as the (US) Construction Practice Group leader, the (US) Business Litigation Practice Group leader and is currently the (US) Transport, Logistics and Infrastructure Sector leader.

Presentations and Publications

Publications

  • Review of new AIA Contract Documents, CFMA Carolinas Construction Conference, October 2017
  • Contributing Author, Construction Damages and Remedies, Second Edition, ABA Forum on Construction Law, 2013
  • Contributing Author, Handbook on Construction Arbitration and ADR, American Arbitration Association, 2007; Second Edition, 2010; Third Edition, 2016
  • Contributing Author, Handbook on Mediation, American Arbitration Association, 2010; Second Edition, 2015
  • Contributing Author, The Annotated Construction Law Glossary, American Bar Association Forum on the Construction Industry, 2010
  • Contributing Author, South Carolina Damages, Second Edition, South Carolina Bar, 2009 
  • Controlling Your Own Destiny with Mediation, Dispute Resolution Journal, American Arbitration Association, August 2008
  • Contributing Author, Handbook on Construction Arbitration, American Arbitration Association, 2007 
  • Contributing Author, Performance Bond Manual, ABA Tort Trial and Insurance Practice Section, 2006
  • Contributing Author, South Carolina Damages, South Carolina Bar, 2004
  • Co-Author, Construction Damages and Remedies, American Bar Association Forum on the Construction Industry, 2003
  • Author, South Carolina Mechanics Lien Law, LienLawOnLine, 2001 (updated quarterly)
  • Effective Mediation Techniques, ADR Currents, American Arbitration Association, June 2000

Presentations

  • Sticky Issues in Arbitration, North Carolina/South Carolina Joint Construction Law Program, September 2017
  • The Sustainability Forecast: Examining Current Conditions and Things to Come, American Bar Association Forum on Construction Law, February 2017
  • Managing the Arbitration Process, Association of Corporate Counsel Annual Meeting, October 2016
  • Surety in the 21st Century, International Association of Defense Counsel Annual Meeting, July 2016
  • Managing the Arbitration Process to Reduce Costs without Sacrificing Positive Results, American Bar Association Forum on Construction Law, October 2015
  • Managing the “Problem” Project-Practical Methods to Keep Your Job on Track, Construction Super Conference, December 2012
  • Arbitration: Making It a Viable Option Again, South Carolina Defense Trial Attorneys’ Association Construction Law CLE, August 2012 
  • Results Effective Construction Arbitration on a Budget, American Arbitration Association University, July 2012
  • Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, American Arbitration Association University, November, 2011
  • When it Comes to the Lay of the Land, Forum Matters, ABA Forum on the Construction Industry, October 2011
  • Results-Effective Arbitration, Within Budget, Joint Meeting of the N.C. and S.C. Construction law Sections, September 2011
  • Construction Project Coordination, ICSC US Shopping Center Law Conference, October 2008
  • Effective Presentations in Arbitration, ABA Forum on the Construction Industry (Division 1), September 2008
  • Controlling Your Own Destiny, American Arbitration Association Construction Conference, May 2008
  • Construction Arbitration, Charleston School of Law, April 2008
  • The Changing AIA Documents: What You Need to Know About the 2007 Edition, International Association of Defense Counsel, July 2007
  • Legal Issues Associated with the SCWARN Agreement, South Carolina Water & Wastewater Agency Response Network, January 2007
  • Neutral Experts and Standing Neutrals: Using Substantive Expertise to Assist in Dispute Resolution, ABA Section of Dispute Resolution (Awarded Best Original Material), April 2006
  • Making Pass-Through Claims Work for You: The Practical and Ethical Dilemmas for Counsel and Their Clients, ABA Tort Trial & Insurance Practice Section, December 2005
  • Selecting and Retaining Construction Contractors and Key Suppliers, ABA Forum on the Construction Industry, October 2005 
  • Legal Update for Design Professionals, South Carolina Society of Professional Engineers, May 2005
  • Delays, Liquidated Damages and Waiver of Consequential Damages, International Association of Defense Counsel, February 2005
  • Risk Management and Long Term Liability Issues, American Society of Civil Engineers, April 2004
  • Arbitration and Mediation, NALS, March 2004
  • South Carolina Mechanic's Liens, Charleston County Bar, October 2003
  • Fundamentals of Construction Law, American Bar Association Forum on the Construction Industry, November 2002
  • South Carolina Mechanic's Lien Law, Association of Credit Management - Steel Joist Deck Construction Group, May 2002
  • Construction Contracting for Public Entities in South Carolina, Lorman Educational Services, April 2002
  • Design Professional Liability to Third Parties Arising From "Special Relationships" in South Carolina, American Society of Civil Engineers, September 2001
  • Construction Contracting for Public Entities in South Carolina, Lorman Educational Services, April 2000
  • Risk Shifting in Government Construction Contracts, American Bar Association Section of Public Contract Law, July 2000
  • The Construction Lawyer's Toolbox, American Bar Association Forum on the Construction Industry, May 2000
  • Identifying and Managing Project Risk, South Carolina Bar Construction Law Section, January 1999
  • Construction Contracting for Public Entities in South Carolina, Lorman Educational Services, December 1998
  • Advanced Project Delivery Systems, American Bar Association Forum on the Construction Industry, October 1998
  • Construction Advocacy, American Bar Association Forum on the Construction Industry, April 1997
  • Risk Management in Construction, Lorman Business Center, October 1996
  • Construction Round-Up, American Bar Association Forum on the Construction Industry, May 1996
  • Trail Academy Instructor, International Association of Defense Counsel, July 1995
  • South Carolina Law of Punitive Damages, National Business Institute, 1993
  • Fundamentals of Construction Law, American Bar Association Forum on the Construction Industry, October 1993
  • South Carolina Construction Law, National Business Institute, November 1992 
  • Trial Techniques Seminar, Charleston County Bar Association, October 1990
Civic and Professional Activities

Professional Activities

  • American Arbitration Association:  
    • Construction Arbitration Master Panel
    • Current Member of Panel of Commercial Arbitrators
    • Completed numerous AAA courses on arbitration and mediation.
  • American Bar Association, Forum on Construction Industry:
    • Chair, 2001-2002, Member of Governing Committee, 1997-2003
    • Chair of ion 5, 1994-1997
    • Liaison to Governing Committee, 1991-1993.
  • American Bar Association, TIPS Fidelity & Surety Committee:
    • State Chair of Young Lawyers Committee, 1995-1998.
  • American Board of Trial Advocates.
  • American College of Construction Lawyers:
    • President, 2015-2016
    • Board of Governors, 2007-2010
    • Fellow
  • International Association of Defense Counsel:
    • Fidelity and Surety Committee, Vice Chair, 1995-1999
    • Construction Law and Litigation Committee Member
    • Defense Counsel Trial Academy Faculty, 1995
  • South Carolina Bar:
    • House of Delegates, 1992-2018
    • Board of Governors, 2009-2012
    • Judicial Qualifications Committee, 2006-2009
    • Nominating Committee, 2002-2005, President
    • Young Lawyers Division, 1989-1990
    • Construction Law Committee Member
  • United States District Court for the District of South Carolina, Approved Mediator
  • National Construction Dispute Resolution Committee, Former Member
  • City of Goose Creek, SC, Former Special Municipal Judge

Civic Activities

  • Board of Directors, Harbor National Bank, 2010-2014
  • Chair Lowcountry South Carolina Selection Committee, Jefferson Scholars Program, 1996-2005
  • Board Member, Trident Technical College Foundation, 1992-1995
  • Youth Baseball and Soccer Coach, City of Charleston Recreation Department, 1991-2001
  • Leadership Trident, 1988-1989
     
Honors and Awards
  • The Best Lawyers in America
  • Super Lawyers
  • Named Best Lawyers Charleston, SC - Construction Lawyer of the Year 
  • Chambers USA Ranked Lawyer - Nationwide, 2018, Construction
    Experience

    Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

    • Representation of public owner in Dispute Review Board hearings involving claims on a rail project.
    • Representation of owner in negotiating resolution of various claims associated with the closeout of a large transportation project.
    • Representation of owner of a manufacturing facility in defense of delay and impact claims.
    • Representation of contractor pursuing claims for delays and the impacts in connection with a public infrastructure project.
    • Representation of construction manager in multimillion-dollar claims arising out of termination of contractor on hospital project.
    • Defense of design/build contractor in multimillion-dollar claims brought by subcontractors on a bridge project.
    • Defense of national product manufacturer in class action and other suits alleging defective product.
    • Representation of public agencies in contract negotiations and claims handling.

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    Bar admissions

    1982, South Carolina

    Admitted to practice before:

    • United States District Court of South Carolina
    • United States Court of Appeals for the Fourth Circuit
    • United States Court of Federal Claims

    Education

    • J.D., 1982, University of Virginia
      School of Law
      • Order of the Coif
      • Lile Moot Court Competition
      • Trial Advocacy Program
    • B.A., 1979, University of Virginia
      College of Arts & Sciences
      • high distinction
      • Echols Scholar

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