W. Austin Smith represents contractors, suppliers, steel fabricators, design professionals, and other key players in the construction industry across all phases of construction and project delivery. His practice spans a broad range of public and private construction matters, with a focus on efficiently resolving complex disputes and minimizing risk for his clients.

Austin’s work primarily involves the litigation and arbitration of sophisticated, multi-party construction disputes throughout the United States. He routinely handles claims involving non-payment, project delays and acceleration, defective workmanship, surety bond and indemnity issues, mechanics’ liens, change order disputes, and requests for equitable adjustments. He has represented clients in “bet-the-company” litigation arising from high-value infrastructure and vertical construction projects, and is skilled in navigating both federal and state forums, as well as private arbitration.

In addition to his core construction practice, Austin maintains a robust background in complex commercial and civil litigation. He has represented businesses and individuals in matters involving defamation, trade secret misappropriation, unfair competition, consumer legal remedies, fraud, breach of contract, contractual indemnity, data breach class actions, tortious interference, and antitrust actions. His multidisciplinary experience allows him to deliver strategic, cost-effective solutions to clients navigating high-risk and high-stakes disputes.

Austin prides himself on his pragmatic approach to problem solving and relentless advocacy, all of which enable him to deliver efficient, results-driven counsel tailored to the unique demands of the construction sector as well as others.

  • Successfully represented prime contractor in pursuing claims of defective work performed in multiuse building.
  • Successfully represented a large, multinational chemical company in a petition for emergency injunction.
  • Successfully resolved dispute on behalf of a local dock repair business against vendor for claims of breach of contract and unfair practices.

Admissions

  • West Virginia
  • Kentucky

Community Involvement

  • Board Member of the Marshall University Alumni Association

Education

  • J.D., University of Kentucky J. David Rosenberg College of Law 2016
    • Vice President and National Team Member of the College of Law Moot Court Board
    • Research Assistant to former law school Dean David A. Brennen
  • B.A., Marshall University 2012