David N. Garst

Nashville Office
201 Fourth Avenue North
Suite 1500
Nashville, Tennessee 37219
Telephone 615/259-1366
FAX 615/259-1389

dgarst@lewisking.com

Education
University of Tennessee, B.Arch., 1981
University of Memphis, J.D., 1986

Bar Admission
1986 Tennessee

Practice Area
Construction

David N. Garst practices principally in the areas of architects and engineers professional liability, construction defect litigation, construction contract law, and commercial litigation.  He is the chair of the firm's Nashville Construction Law Practice Group.   He has been named to “Best Lawyers in America” for 2007 in the construction practice area.

For 20 years, Mr. Garst has represented architects, engineers, surveyors, contractors, subcontractors, suppliers, building owners, and developers on a variety of projects both locally and regionally.  He has substantial experience in the defense of design professionals, and has represented architects and engineers in hundreds of claims, lawsuits, arbitration matters, and disciplinary proceedings before Boards of Architectural and Engineering Examiners.  His experience includes claims and litigation over many project types, including commercial, industrial, retail, and residential buildings, subdivisions and industrial parks, water and wastewater plants and facilities, natural gas transmission lines, dams, school and university facilities, airport runways, and electric transmission facilities.  Mr. Garst also has substantial experience representing parties involved in disputes and contract negotiations over assisted living, nursing, condominium, hotel and other hospitality projects across the southeast United States. 

Representative Experience:

• Representation of the world’s largest architecture firm in litigation arising from a Nashville sports arena. Mr. Garst managed a team of firm lawyers through months of court directed discovery and depositions.  The case ultimately was settled for an amount far below the likely remaining cost of defense.

• Representation of the designers of a major Memphis sports facility involved in structural defect claims.  Through rapid and innovative dispute resolution techniques, the structure was evaluated and remedial work performed during the planned construction period.  The facility opened on time and all disputes were resolved within a few months, without the necessity of litigation.

• Representation of an architect charged with numerous disciplinary infractions on four separate projects.  Mr. Garst obtained a reversal of the decision of the Board of Architectural and Engineering Examiners in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001).  The decision is recognized as a leading case on the standard of proof concerning the professional care required of design professionals in Tennessee.

• Representation of four hotel contractors in a range of disputes involving over 30 hotel projects constructed across the Eastern United States. These cases required preparation and perfection of bond and lien claims, management of local counsel, preparation of numerous contracts, cost effective preparation of technical proof of claims and defenses, and numerous proceedings in courts and before arbitration panels.

• Representation of a German specialty contractor in a multi-party dispute involving a large manufacturing plant in Tennessee.  Although a lawsuit was filed, Mr. Garst and his clients worked with the claimants and owners through a series of meetings locally and in Germany to identify the valid issues and arrive at a reasonable resolution.  Ultimately, the plaintiffs never served process on the client and the claims were dismissed for a small fraction of the demand.

• Representation of architects in a number of lawsuits involving large claims on high-profile residential projects.  Litigation regarding multi-million dollar homes presents unique challenges.    Mr. Garst has developed the technical expertise and network of experts necessary to handle the most demanding cases involving design and construction of large residences.

Mr. Garst served on the Law Review editorial board and graduated in the top five percent of his law school class at what is now the University of Memphis.  He began his career practicing architecture with the Department of Defense at a base in Memphis.  In 1986, he accepted a position as a commercial and construction litigation attorney with the Tennessee Valley Authority.  While at TVA, he was involved in multi-million dollar lawsuits related to the construction of office buildings and power generation facilities, including pollution control facilities and nuclear plants.

Mr. Garst is active in construction industry organizations.  He is a founding member of the Tennessee Association of Construction Counsel, and served as President of the Association from 2003 to 2005.  He served for years as general counsel of chapters of the American Institute of Architects and wrote a monthly newsletter column called "The Architect's Legal Advisor."  In 1997, he received the American Institute of Architects/Tennessee Society Presidential Award of Merit for Distinguished Service.  With the firm, he is a member of the Tennessee Association of Plumbing, Heating and Cooling Contractors, the Associated General Contractors, the Associated Builders and Contractors, and the Tennessee Society of Professional Engineers.  He is a Professional Member of the Construction Specifications Institute, and has received a CSI Chapter Technical Excellence Award.  He writes and edits for the Tennessee Construction Law Journal.  He also has served on the American Arbitration Association Panel of Construction Industry Arbitrators and has arbitrated many disputes.

Mr. Garst has spoken at hundreds of seminars, meetings, and conventions on a wide range of construction law topics over many years.  His recent presentations include the following:

Speaker, "Construction Defects Claims Notice Statute" - American Institute of Architects Middle Tennessee Chapter Meeting, Nashville, 2006.

Speaker, "Essential Risk Management Practices for Architects and Engineers" – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2005

Speaker, "Legato – A Smooth Performance" - American Institute of Architects Tennessee Annual Convention and Educational Forum, Nashville, 2005.

Speaker, "Legal Issues for Tennessee Architects and Engineers" – HalfMoon, LLC, Nashville,  2005.

Speaker, "AIA Contracts in Tennessee" - Lorman Education Services, Inc., Nashville, Chattanooga, 2004, 2005.

Speaker, "Practice Pitfalls II" – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2004.

Speaker, "Practice Pitfalls I and II" – Professional Liability Agents Network Annual Convention, Dallas, 2004.

Panel Speaker, "Ownership Transition and Succession Planning" - American Institute of Architects Tennessee Annual Convention and Educational Forum, Nashville, 2004.

Speaker, "Construction Management and Design Build in Tennessee" - Lorman Education Services, Inc., Nashville, 2004.

Speaker, "Practice Pitfalls" – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2003.

Speaker, "Water Intrusion and Mold Claims in Tennessee" – Sterling Educational Services, LLC, Nashville, 2003.

Speaker, "Construction Management and Design Build in Tennessee" - Lorman Education Services, Inc., Nashville, 2003.

Speaker, "Design Firm Succession Planning" – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, Memphis, 2002.

Speaker, "Risk Drivers" – Tennessee Engineering Foundation Annual Convention, Tunica, 2002.

Speaker, "Ten Tips for Design Contract Negotiation" – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Nashville, 2002.

Speaker, "Architectural Professional Practice" – DPIC Companies, Inc. Regional Attorney’s Conference, Atlanta, 2002.

Speaker, "Ten Tips for Design Contract Negotiation" – American Institute of Architects/Tennessee Society of Civil Engineers Joint Seminar, Memphis, 2001.

Speaker, "Risk Drivers" - DPIC Companies, Inc. Seminar, Nashville, 2001.

Speaker, "Ten Tips for Claim Survival" – Nashville Chapter, American Society of Civil Engineers, Nashville, 2001.

Speaker, "Contracting for Construction Administration" - American Institute of Architects Tennessee Annual Convention and Educational Forum, Nashville, 2001.

Speaker, "Construction Contracting for Public Entities" - Tennessee School Boards Association Summer Law Workshop, Nashville, 2001.

Speaker, "Design Contracts" - Lorman Education Services, Inc., Nashville, 2001.