Mr. McMillan is a construction-focused attorney with in-depth knowledge of design and construction fundamentals, significant project management experience in the commercial construction industry, and an interdisciplinary legal practice touching various aspects of real estate transactions and disputes.
His representative clients include design professionals, property owners, and contractors in construction litigation matters involving contract, tort, and professional liability insurance defense. Mr. McMillan routinely provides counsel on the interpretation and construction of contract clauses, payment terms, pass-through provisions, insurance requirements, insurance coverage, and risk-shifting strategies on various project delivery methods, including Guaranteed-Maximum-Price and Design-Bid-Build. Preparation and negotiation of complex construction contracts and related general conditions on commercial, institutional, and hospitality projects—including building and leading project-specific teams of transactional and litigation professionals to administer transactional and litigation matters.
With more than a decade of experience drafting and negotiating complex design and construction contracts, he routinely works with owners, architects, engineers, and contractors to mitigate liability and facilitate the resolution of pre-litigation disputes. However, when circumstances warrant, Mr. McMillan has successfully represented owners, general contractors, subcontractors, and design professionals in complex multiparty litigation and arbitration on private and public works projects.
Prior to his legal career, Mr. McMillan was a construction project manager for Workman Commercial. In that role, he managed over $45 million in commercial construction projects. His responsibilities included estimating, establishment and management of project budgets, development of detailed CPM schedules, subcontract buyout and negotiations, city permitting, and management of project Superintendents. LEED Coordinator on projects obtaining LEED Silver and LEED Gold certification.