Stephen K. Pudner

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Associate
1400 Wells Fargo Tower
420 20th Street North
Birmingham, Alabama 35203
T: 205.250.8318
F: 205.488.3718

Stephen K. Pudner is an attorney in the Birmingham office with extensive experience negotiating and drafting construction contracts and litigating and arbitrating a wide variety of multi-party commercial and contractual disputes, consumer and real property litigation, large-scale construction cases, and tort claims.

Stephen represents mortgage lenders and servicers in property disputes and consumer litigation involving allegations of wrongful servicing/foreclosure and violations of federal statutes and regulations, as well as bankruptcy matters, compliance issues, tax sale redemptions, and property disputes stemming from faulty surveys and title defects. Stephen also represents owners, developers, and contractors in construction contract negotiations and dispute resolution, and advises these clients relating to mechanics' liens, licensure requirements, and bonding and green building considerations. Stephen is also the co-founder and co-author of Baker Donelson's construction blog, Baker Bricks, and has been confirmed as a LEED AP by the U.S. Green Building Council.

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, Stephen clerked for the U.S. Department of Justice's Office of International Affairs, the Inter-American Development Bank, and the Attorney General of Virginia.

Representative Matters

  • Assisted in preparation of bid package for construction and financing of $30 million VA Hospital; advised health care REIT client re compliance with FARs and government-mandated USGBC LEED Certification.
  • Negotiated and drafted numerous multi-million dollar construction contracts on behalf of health care REIT client; $8 million cost plus construction contract on behalf of developer of senior living facility; and $10 million design build construction contract between client and governmental entity owner relating to construction of portion of commercial aircraft assembly complex to be operated by European aerospace company.
  • 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 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.
  • 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 defended mortgage lender in purported nationwide bankruptcy class action lawsuit and obtained ruling from federal appellate court creating new precedent limiting creditors' duties to record and disclose bankruptcy related fees.

Professional Honors & Activities

  • 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)
  • Member – Birmingham Bar Association
  • Member – American Bar Association Construction Forum
  • Member – 2013 Birmingham Multiple Sclerosis Leadership Class Advisory Council

Publications & Speaking Engagements

Admissions

  • Alabama, 2008
  • District of Columbia, 2011
  • U.S. District Courts for the Northern, Middle and Southern Districts of Alabama
  • U.S. Court of Appeals, Eleventh Circuit

Education

  • University of Alabama School of Law, J.D., 2008, cum laude
  • Senior Editor – Alabama Law Review
  • 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