Crofton, Peter

Peter M. Crofton is a Partner in and the Atlanta Section Head of the Construction Law Practice of Smith, Gambrell & Russell, LLP.

Full Bio

Mr. Crofton assists clients with 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.

» Project Construction Counseling

Mr. Crofton 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. Mr. Crofton also litigates, arbitrates and mediates complex, multi-party construction disputes throughout the United States and abroad.

Mr. Crofton 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. Mr. Crofton 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.

Mr. Crofton is a native of Atlanta, graduated from Auburn University with his bachelor’s in Computer Engineering and obtained his law degree from the Emory University School of Law. In 2019, 2022, 2023 and 2024 he has been listed as one of Georgia’s leading construction lawyers by Chambers USA. He is a Senior Member of the Institute of Electrical and Electronics Engineers and admitted to the bars of Alabama, Florida, Georgia, and Tennessee. Mr. Crofton is a former member of the Board of Trustees for St. Martins Episcopal School in Atlanta and the Chairman of the City of Norcross Construction Board of Appeals.
Representative Experience
Mr. Crofton 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 many decisions that determine success from concept through completion. Project Counseling helps you at every stage of the project Read More

Manufacturing
- A resin products manufacturer in the construction of a new resin processing facility.
- A specialty chemical company in planning and land use issues relating to future expansion of an existing manufacturing facility.
- An auto parts manufacturer in the design and construction of a new production facility.
- An international steel company in the design, construction and equipping of a new rolling mill.
- An international EPC contractor in litigation with a mine operator arising out of the construction of a mine ore processing facility.
- An aircraft parts supplier in the design, construction and equipping of a new metal stamping facility.
Energy
- An EPC contractor in contract negotiations for the development of nuclear power reactors.
- An international supplier of industrial boilers in litigation and arbitrations arising out of the construction of a waste-to-energy facility.
- An independent power producer in litigation and arbitrations arising out of the construction of co-generation facilities.
- The developer of a patented waste gasification system in project development transactions.
- A trade organization of independent power producers in proceedings before the Georgia Public Service Commission.
- A multinational German conglomerate in disputes with a French developer of a coal-fired power plant in Malaysia.
- An international EPC contractor in ICC arbitration with a state-owned oil company arising out of the design, fabrication, seafastening, and commissioning of three offshore gas processing platforms in Latin America.
- A specialty mechanical piping contractor in litigation and arbitration arising out of the construction of coal-fired power plants.
Transportation & Infrastructure
- A specialty contractor in disputes arising from the installation of signaling systems for new express lanes in an existing underground transit system.
- An international infrastructure contractor in disputes arising from the supply and installation of communications equipment in new and existing underground transit systems.
- A subsidiary of Norfolk Southern in disputes arising from the installation of fiber optic cables in the railbed in multiple states.
- An international infrastructure contractor in connection with disputes arising from interstate interchange improvement projects throughout the southeastern United States.
- An international infrastructure contractor in connection with the supply and installation of toll systems for interstate highways in multiple states.
Food/Beverage/Pharmaceutical
- Food/beverage company in an international dispute concerning construction defects in a food/beverage production.
- An international food/beverage company in drafting and negotiating renewable energy supply agreements that entailed use of advanced renewable energy generation technologies located at the company’s facilities.
- An international pharmaceutical company in ongoing renovations to existing manufacturing facilities.
- An international pharmaceutical company in renovating and adding clean rooms to an existing research facility.
- A project lender in the development of a new state-of-the-art food processing facility.
Commercial
- An international tire company in renovating an existing facility into office space.
- A specialty fabrics producer in developing a new headquarters facility.
- A commercial leasing REIT in multiple renovation projects.
- A technology company in disputes on a new data center.
- An international building products manufacturer in expanding its North American headquarters.
Health Care
- A healthcare REIT in resolving defective work claims on a medical office building.
- An electrical subcontractor in resolving disputes concerning the renovation and expansion of a regional VA medical facility.
Resort and Hospitality
- Successfully managed the termination and replacement of a non-performing general contractor on a multi-million dollar luxury Caribbean resort.
- A developer in disputes arising out of the construction of a resort hotel and condominium project in the British West Indies.
- A developer in litigation and other disputes arising out of the construction of a resort hotel in the southeastern United States.
Mixed-Use/Multi-Family
- A nationwide developer of apartment homes in litigation arising out of the construction of apartments throughout the United States.
- A nationwide developer of mixed-use projects in connection with projects throughout the United States.
- A luxury goods company in licensing its brand name and marks for branded residences worldwide.
- A Fortune 50 general contractor in construction projects nationwide.
Miscellaneous
- A Fortune 50 general contractor in company-wide best practices and compliance reviews.
- A dredging and marine contractor in litigation with various public bodies, including the U.S. Army Corps of Engineers.
- An electrical subcontractor in litigation and arbitration arising out of construction projects involving subway systems, power plant pollution control systems, and regional correctional facilities.
- An engineering firm in litigation arising out of the construction of water and wastewater treatment projects, including a reservoir dam, for numerous public bodies in the southeastern United States.
- A Georgia public authority in litigation matters arising out of various wastewater treatment construction projects.
- A public body in litigation against a program manager relating to disputes on a $1 billion dollar capital improvement program.
Bar Admissions

Georgia
Alabama
Florida
Tennessee
Education
Undergraduate
- Auburn University
Law School
- Emory University
Memberships

Senior Member, Institute of Electrical and Electronics Engineers
Former Board of Trustees, St. Martins Episcopal School in Atlanta
Chairman, City of Norcross Construction Board of Appeals
Recognitions

Chambers USA - Construction, Georgia (2019, 2022-2024)
The Best Lawyers in America®, Atlanta, Construction Law (2019-2025); Energy Law; Litigation - Construction (2023-2025)
Best Lawyers® - Atlanta "Lawyer of the Year" Construction Law (2023)
Publications and Speaking Engagements

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 Publications
Press