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Stephen K. Pudner

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Stephen K. Pudner is a real estate and construction attorney representing clients based throughout the world from Baker Donelson's Birmingham office, and is chair of the Recruiting Committee for the Birmingham office.

Featured Experience

Successfully represented Embassy of Asian nation in working with the U.S. State Department and multiple layers of Washington, D.C. government to obtain special zoning exception from the Board of Zoning Adjustment to allow the relocation of the Embassy's Chancery operations to a new location in a residential neighborhood.

Served as lead negotiator and drafter of $110 million design build contract and ancillary documents on behalf of health care REIT owner client regarding new construction of health care facility in western U.S.

Successfully represented a design build contractor joint venture in a $15 million dispute with an international auto manufacturer owner regarding the $200 million design build contract for a new manufacturing facility in southeastern U.S., as well as multi-million dollar disputes with downstream subcontractors.

Professional Biography

Overview

Stephen has a global background and a dual transactional and litigation focus that uniquely prepare him to proactively help his domestic and international clients avoid risks and reach creative solutions to their real estate and construction needs.

On the transactional side, Stephen represents domestic and international owner-developer-operators and contractors in negotiating and drafting complex construction contracts and navigating contractor licensing laws and represents real estate developers in the acquisition, sale, development, and leasing of commercial and multi-family real estate developments. On the litigation side, Stephen has extensive experience protecting and enforcing the rights of owners, lenders, and contractors in state and federal lawsuits resulting from construction projects and real property disputes.

Representative Matters
  • Successfully represented Embassy of Asian nation in working with the U.S. State Department and multiple layers of Washington, D.C. government to obtain special zoning exception from the Board of Zoning Adjustment to allow the relocation of the Embassy's Chancery operations to a new location in a residential neighborhood.

  • Served as lead negotiator and drafter of $110 million design build contract and ancillary documents on behalf of health care REIT owner client regarding new construction of health care facility in western U.S.

  • Successfully represented a design build contractor joint venture in a $15 million dispute with an international auto manufacturer owner regarding the $200 million design build contract for a new manufacturing facility in southeastern U.S., as well as multi-million dollar disputes with downstream subcontractors.

  • Served as lead negotiator and drafter of a $50 Million construction contract involving multiple tax and other incentives on behalf of a Latin American client building a manufacturing facility in the Southeastern U.S.

  • Represented a real estate developer in all aspects of the sale of a $20+ Million dollar student housing development, including related assumption and re-financing of the existing loan.

  • Represented a national real estate developer and managed all aspects of more than 50 acquisitions annually throughout the United States for development as commercial retail stores, including handling all due diligence, negotiating and drafting documents, resolving title and survey issues, and negotiating tax and infrastructure incentives

  • Managed all aspects of 100+ real property lawsuits in Alabama state and federal court for two NYSE-listed financial institutions relating to liens and redemptions resulting from unpaid property and sales tax assessments, survey and title disputes, and lien seniority and enforceability issues.

  • Advised a NYSE-listed telecommunications construction company to ensure continued enforceability of hundreds of construction contracts and leases and to mitigate related risks in light of corporate conversion of 15 subsidiaries operating throughout the U.S.

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 Mid-South Super Lawyers, 2016 – 2018
  • Listed as a "Rising Star" by Alabama Super Lawyers, 2014 – 2015
  • Member – 2013 Birmingham Multiple Sclerosis Leadership Class Advisory Council
Additional Background Information

Stephen has studied in Spain and Switzerland, taught and lived in China, Nepal and Nicaragua, traveled throughout Europe, Latin America, India, Israel, Mongolia, 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.

Publications
Speaking Engagements
  • "Revised AIA Documents: What You Need to Know" (February 2018)
  • "What do you do when the Contract is Changed?," 2017 National Business Institute Construction Law Seminar, Birmingham, Alabama (July 2017)
  • Moderator – "The Beason-Hammon Alabama Taxpayer and Citizen Protection Act," Birmingham International Center's panel discussion of Alabama's new immigration law (July 2011)

Education

  • 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

Admissions

  • 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, Fifth and Eleventh Circuits

Languages

  • Spanish

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