Luther Graves Stiff, III

Gray Stiff is a Senior Partner and his practice is concentrated in commercial and construction litigation and dispute resolution. He has extensive experience in general construction litigation, including representation of owners, contractors, and sureties, design professional defense, and the prosecution and defense of business and commercial claims.

Professional Recognition

Gray is a Fellow of The Construction Lawyers Society of America
Gray is an active member of the National Bond Claims Association
In the 2016 edition of Best Lawyers in America, Gray was named "Lawyer of the Year" for Birmingham Litigation - Construction
Gray was selected by his peers for inclusion in Best Lawyers in America
Gray has been named to "Who's Who in Construction, Architecture & Engineering 2009" by the Birmingham Business Journal, which recognized him as one of the top construction litigation attorneys in Birmingham.

Community Involvement

Gray serves as a member of the Board of Directors of the Birmingham YMCA Advisory Board.
He is a member of the Independent Presbyterian Church.

Highlights

Hughes Plumbing & Utility Contractors, Inc. v. Mobile Area Water & Sewer Commissioners; Volkert, Inc.; and Travelers Casualty & Insurance Company (Obtained a favorable verdict for a surety client after an 8-day jury trial in the Circuit Court of Mobile County, Alabama, in a case arising out of the construction of a $6.7 million, 1.5-mile force main discharge pipeline from a wastewater treatment facility).
Housing Authority of City of Huntsville v. Hartford Accident and Indem. Co., So.2d 2006 WL 2790037 (Ala. 2006) (Case of first impression which establishes that public works sureties in Alabama are entitled to the benefit of the two-year statute of limitations codified at §6-5-221, et seq., which is also applicable to architects, engineers, and builders).
City of Gulf Shores v. Harbert Int’l, 608 So.2d 348 (Ala. 1992) (Affirms jury verdict in favor of Harbert and all co-defendants following five week trial involving alleged defects in the design and construction of a sewage treatment facility).
Elmore v. Morrison Assur. Co., Inc., 502 So.2d 378 (Ala. 1987) (Establishes that “bad faith”, for purposes of defeating a surety’s right to indemnification, requires a showing of dishonesty or ill will by the surety, in a case of first impression).
Bank of Brewton v. Travelers, et al., 777 F.3d 1339 (11th Cir. 2015).
Gray has over thirty years of experience in representation of sureties, construction companies, insurance carriers and their insureds in various types of litigation, including commercial and construction dispute resolution, performance and payment bond litigation, property and casualty claims, and insurance coverage disputes, including fidelity and financial institution bond claims.
Gray is also regularly involved in the defense of design professionals and other professional liability matters.

Gray has participated in over fifty jury and non-jury trials, as well as numerous arbitrations.
Gray is a frequent speaker on surety, construction, and professional liability topics around the southeast.

Presentations and Publications

Who Needs Bonds? Subcontractor Default Insurance (SDI) vs. Traditional Surety Bonds, presented at the Twenty-Eighth Annual Southern Surety and Fidelity Claims Conference in Nashville, TN (April 20-21, 2017).
Efficiency Guarantees under Surety Bond and Impact of Principal’s Bankruptcy, presented at the 2016 Southern Surety & Fidelity Claims Conference, in Charleston, SC (April 21, 2016).
Underwriter’s in the Claims Process – A Primer (Fidelity & Surety / Design Professionals / Attorneys, April 2012).
Ethical Issues in Tenders of Defense and Joint Defense Agreements (22nd Annual Southern Surety & Fidelity Claims Conference, April 2011).
Engineering Ethics and Defending Ethic Charges Before the Alabama Board for Licensure of Professional Engineers and Land Surveyors (Metal Building Engineers Seminar sponsored by Prabhu Engineering, February 21, 2008).
Insurance Coverage for Construction Defects: Are Performance Bonds Relevant? (2007 Southern Surety and Fidelity Claims Association Conference, New Orleans, Louisiana).
Busted: What To Do If Your Principal Is Indicted (2006 Southern Surety and Fidelity Claims Conference, Tampa, Florida).
An Introduction to the Wonderful World of Performance and Payment Bonds, (presented at Construction Law for Alabama Architects and Engineers, March 30, 2007).

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Luther Graves Stiff, III (Gray)