Peter Crofton, Smith, Gambrell & Russell, LLP Photo

Peter M. Crofton

Partner
Head of the Atlanta Construction Practice

About Peter

Peter Crofton is an experienced and award-winning construction and energy attorney. Peter’s 35+ years of experience and technical background in both construction and energy projects give him a unique understanding of the legal and practical issues which arise during construction and energy related transactions, projects, and disputes.

Peter counsels clients through all aspects of the design, construction, and renovation of new and existing facilities. He has assisted clients with project development and construction-related legal matters since 1990. He represents a variety of clients, including Fortune 100 and other trans-national companies, with construction projects in the United States, Central America and the Caribbean, Europe, and Asia. His practice encompasses pre-construction planning and transactional services, dispute avoidance and risk mitigation during construction and post-construction dispute resolution.

Peter assists clients with projects ranging from energy, commercial and industrial, food and beverage, resort and hospitality, and mixed-use developments. He drafts and negotiates complex construction agreements including EPC, design-build, and program management agreements. He develops luxury branding agreements and mixed-use documents for luxury resorts and branded residences, as well as custom purchase orders for specialty equipment for new or renovated industrial and energy facilities. Peter also litigates, arbitrates, and mediates complex, multi-party construction disputes throughout the United States and abroad.

Peter is an adjunct professor at the Emory University School of Law where he teaches the Energy Law course to second and third-year law students. Peter lectures and writes about the legal issues surrounding the deployment of new energy technologies and supporting infrastructure. He also lectures on construction-related topics including the use of new technologies, materials, and techniques in the construction industry.

Representative Matters

Peter represents owners, engineers, general contractors, subcontractors, and surety companies on a variety of projects, including:

Project Construction Counseling

  • Construction projects vary greatly in size and complexity. No matter the size, construction projects are complex processes. Regardless of the size your project is, having the right project team helps ensure success. Project Counseling provides you with a team of experienced construction lawyers to guide a project through the multitude of decisions that determine success from concept through completion. Project Counseling helps you at every stage of the project.
  • Represent an international solar cell producer in disputes arising from the construction of an integrated solar module production facility.
  • Represent a public utility in multiple facets of the rapidly evolving electric power markets resulting from the demand of large load customers.
  • Represent an international infrastructure contractor in the then-largest public-private-partnership project in the history of the State of Georgia.
  • Represented an international paper company in the construction of a new state-of-the-art paper machine and supporting facilities.
  • Represented a food/beverage company in an international dispute concerning construction defects in a food/beverage production facility.
  • Represent a home improvement contractor in various business and compliance initiatives.
  • Represented the developer in the construction of 5-star luxury Caribbean resort including managing the termination and replacement of a non-performing general contractor.
  • Represent the Board of Directors of a state entity in connection with the oversite and guidance of a metropolitan transit authority.

Recognitions

Chambers USA, Construction, Georgia (2019, 2022-2026)

The Best Lawyers in America®, Construction Law, Atlanta (2019-2026); Litigation - Construction (2023-2026); Energy Law (2023-2025)

The Best Lawyers in America®, Lawyer of the Year, Construction Law, Atlanta (2023)

Credentials

Education

J.D., Emory University

B.A., Auburn University, Computer Engineering

Admissions

  • Alabama
  • Florida
  • Georgia
  • Tennessee

Organizational Involvement

Professional

Chairman, City of Norcross Construction Board of Appeals

Senior Member, Institute of Electrical and Electronics Engineers

Community

Former Board of Trustees, St. Martins Episcopal School in Atlanta

Thought Leadership

Panelist, "NASCLA Discussion of Contractor Referral Services" Webinar, October 28, 2020

"Toward an Understanding of Willful Misconduct in International Construction Contracts," The Construction Lawyer (Journal of ABA Forum on Construction Law), Vol. 39, No. 2, 2019

Panelist, "Construction Contract Controls and Construction Audit" Webinar, November 8, 2017

Host, "Georgia Building Code Update" Webinar, May 24, 2016

Lead, "Atlanta Hydrail Technology Forum", October 7, 2015

Co-Author, "The Evolution Of Force Majeure In Construction Contracts," Law360, June 22, 2015

Host, In-House Client Lunch and Learn CLE, "General Contracting 101"

SGR News & Perspectives

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