Stephen K. Pudner is a real estate and construction attorney with a dual transactional and litigation focus. This unique combination of skills and experience allows Stephen to proactively help his clients avoid risks and reach creative solutions to their real estate and construction needs.
Stephen represents servicers, owners and developers relating to the transactional aspects of the development, sale, and leasing of real property throughout the United States, as well as in real property litigation resulting from property disputes, foreclosures, faulty surveys, title defects, lien seniority disputes, delinquent property tax sales and redemptions, and applicable state and federal statutes and regulations.
Stephen also represents owners, developers, and prime and sub-contractors in construction contract negotiations and drafting for projects throughout the U.S., as well as litigation and alternative dispute resolution. Stephen also advises these clients regarding mechanics' liens, licensure, bonding, and laws governing prompt payment requirements and retainage. Stephen is one of three Alabama attorneys accredited by the U.S. Green Building Council as a LEED Accredited Professional (AP).
Stephen has studied in Spain and Switzerland, taught and lived in China, Nepal and Nicaragua, traveled throughout Asia, South America, Morocco and Turkey, and is highly proficient in written and spoken Spanish. During law school, he clerked for the U.S. Department of Justice's Office of International Affairs, the Inter-American Development Bank and the Attorney General of Virginia.
- Negotiated and drafted numerous multi-million dollar construction contracts on behalf of health care REIT client; senior living/ multi-family developer clients; Japanese industrial manufacturing client; and Irish commercial aviation company.
- Advised nationwide telecommunications construction company to ensure enforceability of hundreds of ongoing construction contracts and leases and to mitigate related risks in light of corporate conversion of 15 subsidiaries operating throughout the U.S.
- Handled all aspects of negotiating and closing multi-million dollar commercial, manufacturing and multi-family housing developments throughout the U.S., including negotiating and drafting deal documents and successfully negotiating with numerous localities to secure tax abatement and infrastructure incentive agreements to aid in clients' development projects.
- Successfully obtained federal court opinion dismissing general contractor's $19 million mechanics' lien against resort development operated by client.
- Obtained precedent setting opinion from Alabama Court of Appeals in favor of client establishing when and how a purchaser of property at a delinquent property tax sale auction can challenge the validity of an owner's subsequent redemption of the property from the tax sale.
- Secured dismissal of numerous state and federal lawsuits brought by borrowers against mortgage servicing and government-sponsored entity clients seeking punitive and mental anguish damages based on allegations of negligent servicing, wrongful foreclosure, fraud and violations of various HUD regulations, the Fair Debt Collections Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA).
- Successfully handled appeal to Alabama Supreme Court, resulting in precedent-setting ruling that overturned prior rulings from Alabama Court of Civil Appeals and clarified the timing requirements regarding assignment of mortgages prior to foreclosure under Alabama law.
- Successfully petitioned the Alabama Supreme Court to issue a writ of mandamus overturning the trial judge's order compelling the production of a post-accident investigation report.
- Confirmed by the U.S. Green Building Council as a Leadership in Energy and Environmental Design Accredited Professional (LEED AP)
- Listed as a "Rising Star" by Alabama Super Lawyers in Business Litigation, 2014, 2015
- Member – Birmingham Bar Association
- Member – American Bar Association Construction Forum
- Member – 2013 Birmingham Multiple Sclerosis Leadership Class Advisory Council
- Author – "Force Majeure Clauses: Protecting Against the Unforeseeable," Association of Corporate Counsel Lexology, April 2014
- Author – "No Need of Injury to Others' Property to be an 'Occurrence' under a CGL Insurance Policy," American Bar Association, Division 1 Newsletter, August 2013
- Author – "Can Cheap Natural Gas Save the U.S. Construction Industry?" American Bar Association, Division 10 Newsletter, Summer 2013
- Co-author – "Changes in Alabama's Retainage Laws," Alabama Utility Contractors Association Newsletter, February 2013
- Author – "New Alabama Immigration Law Will Impact Employers in the Construction Industry," Baker Donelson Construction News, June 2012
- Author – "The Future Of Green Skyscrapers," Environmental and Real Estate Law360, April 23, 2012
- Co-author – "Executed Arbitration Agreement Unenforceable for Alabama Wrongful Death Claims," Making a Difference, Baker Donelson Long Term Care Newsletter, April 3, 2012
- Moderator – "The Beason-Hammon Alabama Taxpayer and Citizen Protection Act," Birmingham International Center's panel discussion of Alabama's new immigration law, July 2011
- Author – "Moving Forward From Dubai Ports World – The Foreign Investment and National Security Act of 2007," 59 Alabama Law Review 1277, 2008
- Alabama, 2008
- District of Columbia, 2011
- Virginia, 2015
- U.S. District Courts for the Northern, Middle and Southern Districts of Alabama
- U.S. Court of Appeals, Eleventh Circuit
- University of Alabama School of Law, J.D., 2008, cum laude
- Senior Editor – Alabama Law Review
- Full academic scholarship recipient each year
- Georgetown University Law Center, Visiting Law Student, Spring 2008
- University of Fribourg, Switzerland, Summer 2006
- University of Virginia, B.A., Economics, 2003
- University of Valencia, Spain, Fall 2002