James F. Archibald  III - Bradley Arant Boult Cummings LLP

James F. Archibald III

Listed in Best Lawyers since 2009

Jim Archibald is a partner in the firm's Construction and Procurement Practice Group. Jim has represented general contractors, owners, developers, engineering firms, subcontractors and vendors at every stage of a construction project, including the initiation of the project, the preparation of contract documents, bid preparation, bid mistakes, bid protests, change order negotiations, project correspondence, claim preparation, terminations, and final dispute resolution through negotiation, mediation, arbitration or trial.

Jim has advised clients on public and private projects, including projects administered by the U.S. State Department, the U.S. General Services Administration, and the Army Corps of Engineers. He has extensive experience prosecuting and defending extra work, delay, acceleration, impact, and inefficiency claims on private and public jobs. Many of these claims have exceeded $10 million, and have included claims by the general contractor and pass-through claims by numerous subcontractors. Examples include substantial claims by general contractors and subcontractors at the Madigan Army Hospital in Seattle, Washington; the McKinley Climatic Test Chamber at Eglin Air Force Base, Florida; the McWilliams Power Station Project in Gantt, Alabama; the Renovation of the U.S Federal Courthouse in Montgomery, Alabama; the Edwin Zorinsky Federal Building in Omaha, Nebraska; the U.S. Federal Courthouse in El Paso, Texas; the U.S. Consulate in Juarez, Mexico; the Kinston Regional Water Reclamation Facility in Kinston, North Carolina, and the Shelby County Water Treatment Plant in Shelby County, Alabama. 

Jim also advises owners and design builders on heavy industrial projects, and has handled multi-million-dollar performance disputes and defaults arising out of these projects. For example, he represented the EPC Contractor for the Blue Water Fiber Waste Water Treatment Plant in Port Huron, Michigan against claims by the owner and the bondholders who financed the project that the Plant failed to meet performance guarantees. Aspects of this dispute were litigated in Federal Court in Detroit, Michigan, and the U.S. Bankruptcy Court in Detroit, Michigan. He also represented the owner/developer of the AES Red Oak 800 MW Power Plant in Red Oak, New Jersey, asserting claims against its EPC Contractor for failing to meet performance tests and guarantees for the Plant in a major lawsuit in New York. Finally, he represented the contractor in performance disputes arising out of a Natural Gas Expander Plant in Philadelphia, defending against claims that the Plant failed to meet certain performance guarantees. 

Jim regularly handles cases involving construction defects and disputes over insurance coverage for construction defects. For example, he represented the developer of student housing projects in Connecticut, Florida and Louisiana against water intrusion, mold, defective construction and defective design claims, and he represented the contractor who built the Charleston Judicial Center Complex in Charleston, South Carolina, against water intrusion, mold and defective construction claims. Jim has experience defending against these claims and trying to obtain insurance coverage to protect his clients against the claims. 

Recently, Jim has filed three successful bid protests arising out of U.S. Embassy Projects, based on the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

Emory UniversityBA 1990University of VirginiaJ.D. 1993
American Bar AssociationAlabama State Bar AssociationBirmingham Bar AssociationBoard of Contract Appeals Bar Association

Case History

Other Court Admissions
  • Supreme Court of the United States
  • United States Court of Appeals, 5th Circuit
  • United States Court of Appeals, 9th Circuit
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Middle District of Alabama
  • United States District Court, Northern District of Alabama
  • United States District Court, Southern District of Alabama

Client Comments

"Jim understands the construction business as well as the legal profession, and knows that understanding both worlds makes him an ideal advocate in a dispute. I have worked with Jim on a number of cases where his hard work, extensive preparation and organization of our case have been key to successful resolution of the issue. He is candid in his feedback, never reckless, and is always careful with the client's money. I would recommend Jim to anyone in a construction dispute, particularly one involved in Federal contracting."

-Jeff Caddell
Founder, Chairman of the Board
Caddell Construction

"Jim is extremely knowledgeable in all aspects of the construction process as well as the legal process, particularly with regards to dealing with the Federal Government. His ability to quickly grasp the merits of each case enables us to make informed decisions about which avenue to pursue."

"Excellent representation is assured when using Jim Archibald. He is knowledgeable, aggressive, and provides insight into opposing views. We have used Mr. Archibald for over 15 years."

-Warren Barrow
Executive Vice President
Caddell Construction Co., Inc.

Office Location

One Federal Place
1819 Fifth Avenue North
Birmingham, AL 35203
United States

Lawyer of the Year Awards

2014 Lawyer of the Year in Litigation - Construction of the Birmingham Metro Area
James F. Archibald III has earned a Lawyer of the Year award for 2014!

Practice Areas

Construction Law (Arbitration and Mediation, Construction Disputes, Contract Review and Negotiation, Contractors, Government Contracts)
Litigation - Construction