Winston R. Grow

Shareholder

Winston Grow has over 25 years of experience in handling contract, construction defect and professional liability claims. He has tried a number of jury trials to verdict, and has tried numerous bench trials and arbitrations.  He has defended catastrophic injury and wrongful death claims.  Winston’s construction experience includes defending the lead architect in five separate multimillion dollar construction defect lawsuits involving high rise condominiums along the Alabama Gulf Coast, as well as representing one of the largest financial institutions in the Southeast in several multimillion dollar construction defect claims.  As part of his construction and contract practice, he regularly prepares and/or reviews construction contracts, general conditions of the contract for construction, leases, LLC agreements, contracts (including real property and business purchase agreements) and loan documents.

Practice Areas

  • Civil Practice
  • Construction Defect
  • Environmental Law
  • Healthcare Law
  • Insurance Defense
  • Medical Malpractice
  • Products Liability
  • Professional Liability

Personal History

  • Birthplace: Mobile, Alabama

Education

  • Spring Hill College (BA)
  • Tulane University (JD)

Accreditations

  • State of Alabama, Admitted to Alabama Bar,
  • State of Florida, Admitted to Florida Bar,
  • State of Mississippi, Admitted to Mississippi Bar,
  • United States District Courts, Southern and Northern Districts of Alabama,
  • United States District Court, Northern District of Florida,
  • United States Court of Appeals, Eleventh Circuit
  • Registered Mediator, Alabama Center for Dispute Resolution

Organizations

  • Mobile Bar Association
  • Defense Research Institute
  • Alabama Defense Lawyers Association

Presentations

  • “Basic Legal Research for Paralegals,” Seminar, Mobile, Alabama (2001)
    “Recent Issues in Arbitration,” Seminar, Alabama Young Lawyers, Destin, Florida (2002)
  • “AIA Contracts,” Seminar, Mobile, Alabama (2005)
  • “AIA Contracts: The Architect’s Agreement With The Owner, Including The
    Architect’s Role In The Construction Of The Project,”
    Teleconference (2006)
  • “Defenses To Claims Against Architects, Engineers And Contractors
    Including Statutes Of Limitations, Privity of Contract And Notice,”
    Seminar, Mobile, Alabama (2007)
  • “Selection, Use and Management of Expert Witnesses,” Seminar, Birmingham, Alabama (2010)
  • “Construction Defects 101,” Seminar, Charlotte, North Carolina (2011)
    Speaker, Winter Meeting, Alabama Chapter of American Society of Civil Engineers (2013)

Relevant Reported Decisions

  • Ex parte Flowers, 991 So. 2d 218 (Ala. 2008)
  • Patriot Mfg. v. Dixon, 399 F. Supp. 2d 1298 (S.D. Ala. 2007)
  • Patriot Mfg. v. Jackson, 929 So. 2d 997 (Ala. 2005)
  • Cavalier Mfg. v. Clarke, 862 So. 2d 634 (Ala. 2003)
  • Curtis v. Olson, 837 So.2d 1155 (Fla. App. 1 Dist. 2003)
  • Ex parte McFadden Engineering, Inc., 835 So. 2d 996 (Ala. 2002)
  • Ex parte American Carpet Sales, 703 So. 2d 950 (Ala. 1997)

Matters of Note

  • Represented large financial entity in construction defect claim involving hotel with 200 guestrooms
  • Defended lead architects in high-rise and low-rise condominium defect lawsuits on the Alabama Gulf Coast
  • Represented large financial entity in several construction defect claims involving high-rise office towers
  • Defended mechanical engineering firm in several multimillion dollar moisture claims involving condominiums along the Florida Gulf Coast
  • Represented homeowners in claims for breach of purchase agreements
  • Represented construction services firm in business delay claim involving one of the largest projects ever built in the US
  • Defended geotechnical engineering firm in a foundation design claim involving a high-rise tower
  • Represented homeowners in claims involving improper drainage
  • Defended engineering firms in claims involving water runoff and detention ponds
  • Defended engineering firm in a sewer system design claim involving more than 100 individual plaintiffs in Washington County, Alabama

Publications