Cody C. Bailey
Member
Cody C. Bailey
Member
Biography
Cody serves as outside general counsel to businesses within the construction, development, real property, infrastructure, industrial, and financial sectors. He was recently named by Best Lawyers as the 2026 “Lawyer of the Year” in Construction Law in the Jackson, Mississippi market. Cody handles contract preparation and negotiation, bid protests, payment disputes, lien and collection matters, defect claims, general construction litigation, and alternative dispute resolution, including mediation and arbitration and represents owners, general contractors, subcontractors, and material suppliers. Cody has negotiated construction and design contracts in a wide variety of delivery methods and for projects ranging in values of up to $2 billion.
Cody has helped several of his construction industry clients navigate significant ownership and succession changes, including through mergers and acquisitions, and in many sell-side transactions involving private equity.
Cody regularly handles complex commercial, business, constitutional, and financial litigation, including defending putative class actions in federal courts. He has successfully litigated many such commercial and business disputes, shareholder disputes involving closely held companies, financial and banking claims, section 1983 claims, alleged constitutional violations, easements and takings, securities claims, real property disputes, wrongful death cases, and a wide range of other claims.
Cody also represents public entities and state agencies, both in litigation and as outside general counsel.
Cody sees his work as problem solving and himself as a servant to his clients. He places himself in the shoes of those he serves, attempting to solve the client’s problem in the most efficient and economical manner possible, as he would want done for his own business. Cody does what he says he will do.
Education
- J.D., University of Mississippi, 2010 summa cum laude
- B.S. Mechanical Engineering, Mississippi State University, 2006 summa cum laude
In 2006, Cody graduated summa cum laude from the Bagley College of Engineering at Mississippi State University with a Bachelor of Science degree in Mechanical Engineering. Cody practiced mechanical design engineering with Chevron at its Pascagoula, Mississippi refinery for one year before attending law school.
Cody received his Juris Doctor from the University of Mississippi in 2010, graduating summa cum laude. While in law school, Cody was on the Executive Editorial Board of the Mississippi Law Journal and served as Mississippi Cases Editor. He received the Mississippi Law Journal Award. He also distinguished himself on the Moot Court Board, earning membership in The Order of the Barristers and being named best oral advocate in several moot court competitions.
Cody joined Brunini in 2011, following a one-year clerkship for the Hon. Rhesa H. Barksdale on the United States Court of Appeals for the Fifth Circuit.
Admissions
- Mississippi (2010)
- United States District Courts of Mississippi (2010)
- United States Court of Appeals for the Fifth Circuit (2010)
- United States Court of Appeals for the Eighth Circuit (2012)
- United States District Court for Western District of Tennessee (2012)
Community & Professional Activities
- Mississippi Associated Builders and Contractors, General Counsel
- Mississippi Bar Board of Bar Commissioners, Commissioner
- Mississippi Economic Council Board of Governors, Governor
- Federal Bar Association, Defense Research Institute, American Bar Association, International Association of Defense Counsel, Member
- Madison County Youth Baseball Coach, Upward Basketball Coach, St. Augustine Flag Football Coach, St. Augustine Cross Country and Swim Team Enthusiast
- First Baptist Church Jackson deacon, teacher, servant
- Main Street Summit small and medium sized business supporter
- CrossFit, Hunter, Farmer, Teacher, Snow Skier, Boater, Disciple, Mentor, Mentee
- Thankful dad of seven children, ages 12 and under
Representative Matters
Representative Dispute Resolution Matters
- Obtained Mississippi Supreme Court ruling in favor of Mississippi Department of Agriculture and Commerce as the owner of real property in claims related to the power of the state and its political subdivisions, see Busby Outdoors, LLC v. City of Jackson, 417 So. 3d 125 (Miss. 2025).
- Obtained summary judgment ruling in favor of subcontractor in premises liability, product liability, and OSHA competent person claims arising from accident involving swing staging, see Craft v. LeMoine Company, Skyhook Ops, LLC, Max Access, LLC, et al. (W.D. La. 2025).
- Obtained multiple summary judgment rulings in favor of general contractor on payment and lien claims in connection with complex building project in Louisiana and obtained affirmation of rulings before the Louisiana Third Circuit Court of Appeal, see Unicorp, LLC v. BRaDD, LLC, 397 So. 3d 453 (La. Ct. App. 3d Cir. 2024).
- Successfully obtained a dismissal of all claims filed in arbitration by subcontractor against general contractor (AAA 2024).
- Successfully arbitrated payment and defect claims and obtained ruling in favor of subcontractor client (AAA 2024).
- Negotiated and resolved eminent domain, development, and construction claims involving Mississippi municipality and national retailer.
- Obtained order from the Mississippi Court of Appeals compelling arbitration of claims against poultry business, see Purvis v. Mar-Jac Poultry MS, 345 So. 3d 1223 (Miss. Ct. App. 2022).
- Obtained summary judgment ruling in favor of construction client in wrongful death action, see Terpening v. F. L. Crane and Sons, Inc., 353 So. 3d 1100 (Miss. Ct. App. 2022).
- Successfully defended and resolved multiple putative class action lawsuits filed against state Department of Corrections, see Alexander v. Hall (N.D. Miss); Lang v. Cain (N.D. Miss.); Amos v. Taylor (N.D. Miss); and Amos v. Cain (N.D. Miss).
- Successfully defended multiple putative class action lawsuits filed against banks alleging misapplication of overdraft fees and other fees.
- Successfully arbitrated construction defect claims on behalf of owner of multifamily apartment and condominium complexes.
- Successfully defended owner against payment claims, and prosecuted defect claims, in arbitration related to construction of poultry processing facility.
- Successfully defended and resolved financial and securities claims against bankers in Ponzi scheme lawsuit.
- Defended state-wide elected officials in lawsuit alleging constitutional violations and deprivation of voting rights.
- Compelled arbitration of minority shareholder’s claims for breach of fiduciary duties, breach of contract, oppression and squeeze out, and then successfully defended those claims in arbitration.
- Successfully litigated and resolved shareholder claims between and among owners of closely held companies.
- Successfully litigated claims for payment arising from the design and construction of industrial processing facility funded with state tax credits.
- Obtained approval for client’s construction of cell tower in Alabama municipality, see Cellular South Real Estate v. City of Mobile, 2016 WL 3746661 (S.D. Ala. 2016).
- Obtained summary judgment in contract dispute related to design and construction of improvements to Jackson-Medgar Wiley Evers International Airport, see Rifenburg Constr., Inc. v. Hatch Mott McDonald, LLC, 2015 WL 2381136 (S.D. Miss. 2015).
- Obtained relief for client pursuant to the Telecommunications Act of 1996, related to client’s construction of cellular tower in Tennessee municipality, see Cellular South Real Estate v. City of Germantown, 2015 WL 3852781 (W.D. Tenn. 2015).
- Successfully remanded construction defect action from federal court to state court, obtaining an award of costs, expenses, and attorneys’ fees for client, see Joe McGee Constr. Co. v. White-Spunner Constr., 2014 WL 12707141 (S.D. Miss. 2014).
- Successfully appealed Department of Education’s decision regarding claims of employee retaliation, where Department denied employer of due-process rights, see Business Commc’ns, Inc. v. U.S. Dept. of Educ., 739 F.3d 374 (8th Cir. 2013).
- Obtained summary judgment in contract dispute related to electrical materials supplied by client for project, see Stuart C. Irby Co. v. Bayview Elec. Co., 2013 WL 1984356 (N.D. Miss. 2013).
Representative Commercial, Transactional, and Contract Matters
- Coordinated the consolidation and sale of multiple mechanical and electrical contractors with common ownership to private equity purchasers.
- Negotiated billions of dollars’ worth of construction and design projects for clients using multiple construction delivery methods, including construction manager at risk, construction manager advisor, design build, and design bid build.
- Negotiated hundreds of standard construction industry contracts, including on the AIA and DBIA platforms.
- Drafted dozens of custom construction industry contracts, including prime contracts, subcontracts, master services agreements, master subcontract agreements, purchase orders, intercompany agreements, sharing agreements, joint venture agreements, and non-disclosure agreements.
- Coordinated dozens of mergers and acquisitions for construction industry clients, on both buy side and sell side, as asset deals and stock deals, and with private equity and traditional purchasers, in a variety of different areas of construction (vertical and heavy civil), development, and infrastructure.
- Negotiated the purchase and lease of aircraft for private clients, and resolved disputes related to post-closing issues with aircraft.
- Coordinated the purchase, sale, and closing of dozens of real estate transactions for clients in the construction industry.
- Coordinated the sale of client’s insurance company and resolved post-closing disputes.
- Coordinated the sale of client’s trucking and oil field services companies.
- Serves as outside general counsel for many private clients in the construction industry, advising clients on all aspects of their business, including contracts, mergers, acquisitions, and succession planning.
- Serves as outside general counsel to some of Mississippi’s institutions of higher learning, representing the universities in connection with the negotiation, execution, and dispute resolution for major construction projects, including athletic facilities.
- Drafted and negotiated, and participated in the efforts to pass, key construction industry pieces of legislation.
Speeches & Publications
- Presented to Construction Financial Management Association, Mississippi Chapter, regarding the Construction Manager at Risk Delivery Method and Recent Mississippi Legislative Changes for CMAR (2025).
- Presented to Mississippi Roadbuilders Association on Key Contract Provisions and Claims Prevention (2024).
- Presented to Mississippi Associated Builders and Contractors Leadership Institute on Construction Contracts and Lien Laws (2023).
- Presented regularly to several key clients on construction contract issues, project management, crisis management, claims prevention, and dispute resolution (2018-2025).
- Writer and Presenter for 2017 ABA Fidelity and Surety Law Midwinter Meeting (Construction – from the Federal Acquisition Regulations to False Claims: A Guide to Federal Contracting for Construction and Surety Practitioners – Common Issues Arising from Competitive Bid Statutes).
- Cody Bailey and David Kaufman, Practical Law State Q&A – Responding to a Complaint: Mississippi (2015 through 2025).
- Presenter to Mississippi Bar Real Property Section – Nuts and Bolts of Mississippi’s Construction Lien Law (2016).
- Presenter to Mississippi State University “Bulldog CLE” on recent developments in Mississippi’s lien laws (2016).
- Presented to Mississippi Associated Builders and Contractors on general construction contract issues and Mississippi’s lien laws (2014, 2015, 2016).
- Presenter to Mississippi ASHRAE on Mississippi’s lien laws (2015).
- Writer and Presenter for National Business Institute Seminar, Construction Disputes: Effective (and Practical) Legal Negotiation Strategies, Resolving Differing Site Conditions Disputes and Negotiating Out-of-Scope Work Disputes (July 2014).
- Presenter for Mississippi Associated Builders and Contractors: The Importance of Contracts in the Construction Industry (2013).
- Cody Bailey, All Wound Up: Unraveling the Application of FRCP 12(b)(1) Versus FRCP 56 Under the Federal Tort Claims Act, 79 Miss. L.J. 757 (2010).
- Cody Bailey, Recent Decision, Architex Ass’n v. Scottsdale Ins. Co.,27 So. 2d 1148 (Miss. 2010), Mississippi Law Journal Online Volume 79 (2010).
Honors & Awards
- Recognized as Best Lawyers® ‘Lawyer of the Year’ in Jackson, MS for Construction Law in the 2026 edition
- Ranked in the Best Lawyers in America® for high caliber work in Construction Law, Commercial Litigation, Litigation – Construction, and Mass Tort Litigation / Class Actions – Defendants.
- Ranked in Chambers USA 2025, 2024, and 2023 in Mississippi for Construction and General Commercial Litigation
- Recognized as a General Commercial area and State Litigation Star in Benchmark Litigation’s 2025 edition
- Recognized in Best Lawyers® 2025 edition in Jackson, MS
- Recognized by Super Lawyers in Construction Litigation
- Recognized as a Future Star in Benchmark Litigation’s 2021, 2022, and 2023 editions
- Recognized in Chambers USA 2021 and 2022 as “Up and Coming” in Construction and General Commercial Litigation
- Recognized in Benchmark Litigation’s 40 & Under Hotlist for 2021 and 2022 for litigation in the United States
- Clerked for Hon. Rhesa H. Barksdale on the United States Court of Appeals for the Fifth Circuit
- Graduate of Construction Leadership Institute, Mississippi Associated Builders and Contractors
News
- BRUNINI ATTORNEYS RECOGNIZED IN THE BEST LAWYERS IN AMERICA© 2023 EDITION
- Brunini Named Best Law Firm in Mississippi for Third Year in a Row
- Benchmark Litigation has once again named Brunini Law Firm to its annual shortlist for Mississippi Firm of the Year.
- Brunini Attorneys Recognized in the 2022 Edition of Best Lawyers
- Brunini Law Firm and Attorneys Ranked in Prestigious Chambers USA 2021 Guide
- 17 Brunini Attorneys Named to 2020 Mid-South Super Lawyers and Rising Stars
- Benchmark Litigation Has Recognized Eight Brunini Attorneys in its 2021 Edition
- THREE BRUNINI ATTORNEYS RECOGNIZED BY BENCHMARK LITIGATION 40 & UNDER HOT LIST
- COVID-19 AND THE CONSTRUCTION INDUSTRY
- Brunini Recognized by Super Lawyers
- Brunini Recognized As Highly Recommended Firm by Benchmark Litigation 2020
- Brunini Attorneys Recognized by Best Lawyers
- Benchmark Litigation Recognizes 4 Brunini Attorneys on its 40 & Under Hot List
- 2016 Mid-South Super Lawyers
- Carmody and Bailey Victorious in Eighth Circuit Appeal of United States Department of Education Ruling on Whistleblower Claim Under American Recovery and Reinvestment Act of 2009

