About Angus McFadden

Angus McFadden is a construction lawyer with nearly twenty years’ experience representing clients in a variety of industries on projects ranging in value from US$10 million to more than US$10 billion. Formerly a partner at King & Spalding, an AmLaw 25 firm, Mr. McFadden left that firm and opened Angus McFadden Law, P.C. in the fall of 2018.  Mr. McFadden is a Registered Civil Mediator with Georgia Office of Dispute Resolution.

Throughout his career, Mr. McFadden has taken a business-minded approach and leveraged his ability to understand people and their motivations to get the deal done or the conflict resolved, and he continues to bring that experience and mindset to his practice today. 

Mr. McFadden’s experience encompasses large, complex construction projects, and he has worked on major commercial, industrial, and infrastructure projects throughout the U.S. and around the world. A significant portion of Mr. McFadden’s practice has involved representing owners, and he understands the particular issues that owners face on construction projects. Some recent examples include sports stadiums, mixed-use commercial developments, hotels, liquefied natural gas (LNG) liquefaction and export terminals, LNG import terminals, petrochemical facilities, natural gas and NGL pipelines, fossil-fuel and solar power plants, water projects, and natural gas storage facilities. A more detailed list of representative matters is set forth below.

Mr. McFadden has extensive international experience.  He lived and practiced in the United Arab Emirates and has worked on projects in the Middle East, Asia, Africa, Mexico and South America, in addition to his experience in the United States.

Mr. McFadden has historically been ranked for construction law in Chambers USA, The Best Lawyers in America, Legal 500, and Who’s Who Legal: Construction.

Education and Organizations

Mr. McFadden holds an A.B. and a J.D., magna cum laude, from Duke University.  After graduating, Mr. McFadden clerked for the Honorable Sharon Lovelace Blackburn on the United States District Court for the Northern District of Alabama.

Mr. McFadden completed 42 hours of mediator training—Mediating the Litigated Case—at Pepperdine University’s Straus Institute for Dispute Resolution (July 2018).

Mr. McFadden is a member of the American Bar Association, the ABA Forum on The Construction Industry, the Atlanta Bar Association, as well as the Alabama, Georgia and Texas Bar Associations.

Presentations and Publishing

Mr. McFadden has given in-house presentations to clients, as well as presented papers and spoken on construction law topics, including the following:

  • “Issues and Solutions in International Construction Contracting,” The Construction Lawyer: Journal of the ABA Forum on Construction Law, Vol. 36, No. 4 (Fall 2016), with Gregory K. Smith.

  • Indemnity Clauses: Discussing Methods for Achieving Contractual Risk Allocation, (panel presentation with Shaw Ottis, Michael Csizmadia  and Matthew Straub), at EPC Contract Management: Developing Winning Risk Mitigation Strategies for Success in Drafting and Negotiating EPC Contracts, Houston, January 2015.

  • Best Practices for Energy Construction Projects: An Owner’s Perspective, with Craig Ledet and Jeremiah Anderson, (client CLE presentation), Houston, June 2015.

  • Drafting and Negotiating Construction Contracts, at Lorman’s “Managing Construction Projects in Texas,” Houston, September 2014.

  • Tips, Traps and Trends in Multi-Prime Construction Contracting for Mega Projects, King & Spalding panel presentation (with several panelists) to clients, Houston, February 2014.

  • Petrochemicals and Heavy Industry Projects Update,Moderator, MEED’s Abu Dhabi Conference – A Vision for Economic Development in the UAE Capital, November 2008, Abu Dhabi, United Arab Emirates.

  • The New Construction Market in the Gulf and Its Impact on Financing of Projects in the Region, Fleming Conferences’ 4th Annual Middle East Project Finance Forum, May 2008, Abu Dhabi, United Arab Emirates (with Scott Samuel)

  • How Your Choice of Law Affects You – A Comparison of Key Construction Contract Clauses Under UAE, English, NY and other Laws, King & Spalding Conference on “The Legal Environment for International Projects and Investment in the Middle East,” April 2008, Dubai, United Arab Emirates (with Anthony Wilson).

  • Putting It All Together – After You Have Chosen Your Delivery System and Choice of Law, Key Clauses to Incorporate Into Your Contract, King & Spalding Conference on “The Legal Environment for International Projects and Investment in the Middle East,” April 2008, Dubai, United Arab Emirates.

  • Delay and Disruption in EPC Contracts: Key Contracting Principles, Hill International’s Masterclass on Delay and Disruption in Construction Contracts, November 2007, Abu Dhabi, United Arab Emirates.

  • Assessing the Latest Developments In Abu Dhabi’s Expanding Heavy Industry Sector,Panelist, with Dr. Jim White (COO of Abu Dhabi Basic Industries Corporation (ADBIC)) and Abdul Aziz Abdulla Al Hajri (CEO of Borouge), MEED’s Abu Dhabi Conference – Building a New Global Centre, November 2007, Abu Dhabi, UAE.

  • “Discovery of Electronic Information in Construction: Spoliation in the Electronic Era,”The Construction Lawyer: Journal of the ABA Forum on Construction Law, Vol. 23, No. 3 (Summer 2003), with James F. Butler III.

Representative Matters:

Some of Mr. McFadden’s significant matters include representing:

  • The Atlanta Falcons Football Club in the drafting and negotiation of the architectural and construction agreements for the construction of the Mercedes Benz Stadium in Atlanta, Georgia. 

  • An owner with respect to the EPC contract for a 100+ MW photovoltaic (PV) solar facility in California.

  • An owner with respect to a $100+ million delay claim on a project on the US Gulf Coast. 

  • A developer with respect to a new hotel project in Atlanta.

  • Cheniere Energy in connection with the expansion of its Sabine Pass LNG import facility to incorporate LNG liquefaction capabilities.

  • An owner with respect to the front-end engineering and design (FEED) and EPC contracts for a multi-billion US dollar ethane cracker and related facilities in Louisiana.

  • An owner with respect to the EPC contract for a large methanol facility in Louisiana.

  • An owner with respect to the engineering, procurement, construction, and construction management (EPCCM) contract for a multi-billion US dollar petrochemical facility in Pennsylvania.

  • A university in Georgia in the successful mediation of a dispute with its general contractor concerning the construction of student housing on its campus.

  • An explosives contractor in a successful arbitration challenging the wrongful termination of its performance of a multi-million dollar blasting and mining contract. 

  • An owner/developer in the successful defense of a multi-million US dollar lawsuit arising from the construction of a resort hotel and condominium complex in the Caribbean. 

  • Singapore LNG Corporation with respect to the engineering, procurement and construction (EPC) contract and related consultancy agreements for the development of an approximately SGD1 billion LNG receiving, storage and regasification facility.

  • A joint venture developer with respect to EPC contract and project agreements for the development of a multi-billion US dollar, 2730 MW/63 million imperial gallon per day (MIGD) power and water facility in Qatar.

  • An owner with respect to the EPC contract for an multi-billion dollar LNG liquefaction facility in Canada.

  • A developer with respect to the EPC contract for an 800 MW combined-cycle gas-fired power plant in Ohio.

  • An owner with respect to the development of an approximately 150 MW power barge to be built in Asia and deployed in the Caribbean.

  • A developer with respect to the EPC contract for a multi-billion UAE Dirham public-private partnership (PPP) development of new campus for a major local university in Abu Dhabi.

  • A developer with respect to the EPC contract for the PPP development of a new university campus in Abu Dhabi for an international university.

  • Carbones del Cerrejón in the drafting and negotiation of an engineering, procurement, and construction management (EPCM) agreement for the company’s US$1.2 billion expansion of its coal mine in the Guajira peninsula of northeast Columbia, its port facilities on the northern Caribbean coast of Colombia and its interconnecting rail facilities. 

  • A general contractor in litigation with its mechanical subcontractor concerning the design and installation of a complex air-handling system at a law enforcement firing range.

  • An owner with respect to the EPC contract for an LNG liquefaction facility in Georgia.

  • A developer with respect to the FEED and EPC contracts for its LNG liquefaction project in Florida.

  • An independent power producer in the drafting and negotiation of EPC and equipment procurement contracts related to the development of a gas-fired electric generation facility in California.

  • An Atlanta parcel delivery company in a US$1 billion expansion to its worldwide hub. 

  • An owner/developer in the drafting and negotiation of an EPC agreement for the design and construction of an LNG receiving, storage and regasification facility, located in Mississippi.