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Vincent G. Nelan

Of Counsel

Vincent G. Nelan represents owners, contractors, subcontractors and materials suppliers in all aspects of construction law, including drafting contracts, pursuing and defending claims, arbitrating disputes, and litigating matters in jury and bench trials.

Featured Experience

Secured several judgments for payments due to subcontractors and materials suppliers against both owners and general contractors.
Obtained complete summary judgment in favor of a subcontractor in an arbitration on a state-owned project in which the state's claims exceeded $20 million. 

Under Alabama's Prompt Pay Act, secured principle, interest, and attorneys' fees in excess of the principle owed to a subcontractor.

Professional Biography

Overview

Mr. Nelan represents developers in land use and zoning issues, advising on authorized uses of property and defending against eminent domain condemnations by municipalities. He is also experienced in mortgage law, having worked on foreclosure problems related to property descriptions, title issues and redemptions.

Mr. Nelan represents wireless telecommunications companies in zoning matters and in litigation.

Mr. Nelan is the co-founder and co-author of the Firm's construction law blog, Baker Bricks, a fresh and sometimes sideways view of the construction industry.

Representative Matters
  • Construction

  • Secured several judgments for payments due to subcontractors and materials suppliers against both owners and general contractors.
  • Obtained complete summary judgment in favor of a subcontractor in an arbitration on a state-owned project in which the state's claims exceeded $20 million. 
  • Under Alabama's Prompt Pay Act, secured principle, interest, and attorneys' fees in excess of the principle owed to a subcontractor.

  • Defended a general contractor against defective construction claims and successfully settled for a fraction of the original amount claimed.
  • Achieved the dismissal of a materials supplier from claims of defective construction.
  • Real Estate and Land Use

  • Helped a landowner redeem property from a tax sale purchaser with an understanding of the tax sale procedures, and navigating the clerk's office.
  • Restored possession of leased commercial retail spaces to owners and secured monetary judgments against former tenants following breaches of leases.
  • Successfully changed a zoning classification for a commercial developer, resulting in the developer's ability to construct professional office space.

  • Pursued real estate developer's claim for compensation against municipality's attempt to take land by eminent domain; recovered approximately $200,000 more than originally offered in damages. Total recovery was more than $1 million.

  • Attempted to enforce restrictive covenants for a homeowners' association that resulted in clarification in an area of law not ruled on in more than thirty years.
  • Litigated a farm land boundary line dispute between landowners; ultimately settled on eve of entry of judgment.

  • Successfully defended against the enforcement of a judgment lien on real property, allowing the client to maintain ownership.
  • Defeated the enforcement of an alleged note; the note was deemed unenforceable for lack of consideration.

  • Led successful negotiations and litigation with the State of Alabama that resulted in the State's release of its $250,000 sales tax lien and resulting Sheriff's Deed that were clouds on financial institution client's real property without requiring any payment by client to the State.

Professional Honors & Activities
  • Accredited with the Department of Veterans Affairs to represent claimants before the VA
  • Listed in Alabama Rising Stars in Construction Litigation (2012 – 2015)
  • Member – American Bar Association
    • Forum on Construction Law
  • Member – Phi Delta Phi
  • Senior Editor of Baker Donelson's Construction Newsletter
  • Participant – Birmingham Volunteer Lawyers Program
  • Member – Advisory Board for the paralegal program at Gadsden State Community College (2013 – 2016)
  • Level 100 certified rugby coach by USA Rugby
Publications
Speaking Engagements
  • "Revised AIA Documents: What You Need to Know" (February 2018)
  • "Revised AIA Documents: What You Need to Know" (January 2018)
  • Panelist – "Regulatory Challenges for Complementary Network Deployments," Wireless Industry Association, Wireless Infrastructure Show (May 2016)
  • "FCC Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies rule on the Implementation of Section 6409(a) and Section 332(c)7 and the 2009 Declaratory Ruling (the Shot Clock)," Louisiana & Mississippi Wireless Associations with guest partnership of the Women's Wireless Leadership Forum (February 2015)
  • Presenter/Moderator – "Mechanic and Materialmen's Liens: Fundamentals of Construction Contracts: Understanding the Issues in Alabama," Lorman Education Services, Birmingham (March 2013)
  • Presenter/Co-author – "Arbitration Issues in Alabama," Alabama Association of Paralegals, Inc. (July 2010)

Awards

Education

  • University of Alabama School of Law, J.D., 2005
    • Alabama Law & Psychology Review
    • Dean's Community Service Award
    • Bench & Bar Legal Honor Society
    • Honor Court Justice, 2003 – 2004
  • Quinnipiac University School of Business, M.B.A., 1999
  • Marist College, B.S., 1996

Admissions

  • U.S. District Court, Middle District of Alabama, 2010
  • U.S. District Court, Southern District of Alabama, 2010
  • U.S. District Court, Northern District of Alabama, 2005
  • Alabama, 2005

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