Davis A. Dunaway

Davis A. Dunaway

Representative Experience

  • Represented owners, builders, developers, contractors and subcontractors in numerous negotiations over project contract documents for offices, schools, commercial buildings and manufacturing facilities in connection with design deficiencies, structural failures, contractor payment disputes, delay of work, construction defects, post-completion warranty claims, terminations of contracts and failure to meet inspection standards.
  • Represented local construction building supply and materials stores in pursuing delinquent accounts through the filing of materialman’s liens and successfully obtained verdicts at trial in over 30 lawsuits, as well as the subsequent collections on these judgments, resulting in total recoveries in excess of 1 million dollars.
  • Represents a real estate investment trust (REIT) headquartered in New York that owns and operates North America’s largest portfolio of neighborhood and community shopping centers in all landlord tenant disputes in Georgia and South Carolina.
  • Represented a local financial institution obtain confirmation of six figure deficiency in foreclosure proceedings and filing subsequent lawsuit and obtaining deficiency judgment. (done a few times).
  • Successfully represented construction company in negotiations of workout of State Department of Transportation projects and avoidance of liquidated damages and obtaining payments owed under contract for six figures.
  • Represents largest residential builder in the CSRA in all aspects of construction from initial development to contractual and construction issues arising after completion.
  • Successfully resolved dissolution and removal of principal officer/owner of 6 million dollar construction company through litigation in Superior Courts of Georgia.
  • Successfully represented dozens creditors seeking relief in bankruptcy proceedings. Representative clients include financial institutions, lenders, construction companies, and real estate companies.
  • Successfully obtained modification of financing and title deeds in adversary proceeding in Southern District of Georgia Bankruptcy Court.
  • Prevailed in enforcing the validity of construction lien on 5 million dollar construction project through adversary proceeding in Southern District of Georgia Bankruptcy Court.
  • Obtained dismissal of Bankruptcy Petition in Southern District of Georgia Bankruptcy Court on behalf of lender in 3 million dollar construction dispute.
  • Represented local construction company in sale of 10 million dollar siding and gutter material and installation line of business.
  • Represented development and construction company in negotiations, drafting and entering into a development agreement to be exclusive builder of local franchises for Family Dollar Stores throughout the Southeast.
  • Represented Oil Company in negotiations related to multi-million distribution agreement for petroleum with Fortune 500 Company for all locations throughout the State of Georgia.
  • Represented Medical Facility in obtaining verdict in Federal District Court for the Southern District of Georgia against Medical Group and subsequent recovery of assets in Federal Courts in the District Court for Kansas and Minnesota, as well as obtaining relief in related bankruptcy proceeding filed by Medical Group.
  • Negotiated petroleum purchase agreements for both end distributers and suppliers in excess of 1 million dollars.
  • Represented local automobile dealership in negotiations related to purchase of assets for 6 million dollars, as well as all corporate and general litigation matters.
  • Represented local franchisee in negotiations with Cold Stone Creamery.
  • Represented Probation Services Company in negotiations and acquisition of multiple related entities throughout the State of Georgia.
  • Represented numerous clients in the formation and filing with the Secretary of State of corporate entities.
  • Pursues title insurance claims that are resolved in litigation, including issues arising from defective title issues to fraudulent title claims.
  • Resolved commercial lease issues related to tenant and landlord issues and restrictive covenants.
  • Represented title insurance company in obtaining defense judgment in claim in excess of $600,000 by developer related to title insurance defect.
  • Represented lenders in filing suit and foreclosing on 5 million dollar construction project related to construction of hotel in Augusta.
  • Represented construction company in the filing of and foreclosing on construction lien related to 4 million dollar hotel construction in Athens, Georgia.
  • Represented a local financial institution in obtaining reformation of security deeds in connection with a multi-million dollar construction loan to gain priority over a million dollar tax lien and successfully avoiding tax lien through foreclosure proceedings.
  • Represents largest title insurance company in all aspects of title litigation, from defending wrongful foreclosures to clearing title defects through court proceedings.
  • Has defended over 100 lawsuits on behalf of insureds for 10 different insurance companies, including trials to a verdict, in cases ranging from coverage disputes; premises liability lawsuits; personal injury lawsuits, slip and fall lawsuits, and wrongful death lawsuits.
  • Obtained judgment for the defendant in wrongful death lawsuit arising out of head on collision in Superior Court of Georgia.
  • Tried to verdict insurance coverage dispute involving cause of damage to commercial structure in Federal District Court for the Southern District of Georgia.
  • Obtained defense verdicts in several trials throughout the State Courts of Georgia.
  • Represents local government in all matters related to the needs of the county including bond issuance, public finance, right-of-way matters, condemnation and eminent domain, land acquisition, tax appeals, public employment law, emergency service contracts and ordinance violations.
  • Served as lead counsel in the issuance of Water and Sewer Revenue Refunding Bonds in the aggregate amount of $12,000,000.00.
  • Has served as County Attorney for McDuffie County in all matters since 2012.
  • Successfully represented injured party in obtaining award in excess of $150,000.00 in personal injury lawsuit.
  • Represented dozens of clients in connection with personal injury and car accident cases against insurance companies.

Background Information

Davis is an experienced attorney with over a decade of experience trying cases in state and federal courts. His diverse and active trial practice has allowed him to represent clients in complex civil litigation matters including real estate litigation, title insurance defense, contract claims, bad faith claims, eminent domain and condemnation, construction disputes, bankruptcy matters, defending and pursuing personal injury claims, commercial litigation, landlord/tenant matters, and creditor rights and collections. When not in the courtroom, you can find Davis advising and assisting a broad range of clients in various stages of conflict resolution, preventative measures, and offering innovative solutions to fit each of his clients' individual legal needs.

Honors & Awards

  • Augusta Region’s Top Ten in Ten: Young Professionals to Watch (2010)
  • Georgia Super Lawyers Rising Star - Construction Litigation (2011-2016)
  • Best Lawyers® - Insurance Law (2015 -2017)
  • Leadership Georgia (Class of 2016)

Publications

Speeches