PRACTICE AREAS
Construction Disputes
We handle all types of construction disputes. Our lawyers, two of whom are engineers, have
extensive experience in construction litigation and arbitration. Our areas of emphasis are:
Surety Bond Litigation
Our lawyers have represented many sureties in payment and performance bond
litigation arising out of contractor defaults on major construction projects. We can also:
- Advise clients on how best to complete projects and mitigate damages in the event of a default
- Provide coverage advice
- Handle subrogation claims for contract balances
- Address third-party claims
- Litigate the surety's indemnification and exoneration claims
- Defense of payment and performance bond claims
- Defense of bad faith claims
Construction Claims
We have handled a wide variety of claims, including lien and bond claims, delay and acceleration claims,
disputes concerning the design of projects, and other similar claims. We represent:
- General contractors
- Public and private owners
- Large trade subcontractors
We have particular expertise in road and bridge claims, and have litigated many such claims administratively
through the North Carolina Department of Transportation and in the transportation departments of surrounding states.
We have also been involved in sports arena and stadium matters, both as:
- Litigant's representatives
- Members of dispute resolution boards
Construction Defects
In the arena of construction defects cases, we have handled numerous cases for:
- Homeowners’ and unit owners’ associations regarding defective construction on multi-family beachfront condominium projects. These cases implicate a wide variety of construction defects issues, including water intrusion matters, structural issues, and issues relating to repair and loss of use of property.
- Institutional owners, including hotel owners, assisted living facilities and nursing homes, churches, and other similar buildings.
The firm often handles construction defects matters on a contingent fee basis. We have access to forensic architects
and others in the industry to assist with the investigation, litigation, and resolution of these matters.
Construction Manager at Risk Issues
North Carolina, like many other states in the Southeast, has adopted the Construction Manager at Risk form of project delivery for public projects.
We use our extensive experience in this complex and emerging area of construction law to represent Construction Managers (CMs) in negotiations with public
owners and in issues arising before the Office of State Construction. We also assist CMs at risk on bidding issues that arise on public projects,
where the CM at risk is generally called upon to oversee the bidding process.
Construction Site Accidents
We prosecute and defend claims for injuries arising out of accidents occurring on construction sites. We combine our knowledge of personal injury and construction law to
provide high-quality representation for:
- Injured workers
- Contractors
Our lawyers have substantial experience in this area. That experience includes accidents involving falls, crush injuries, electrocutions,
trench collapses, and other types of construction accidents. We represent parties through any necessary OSHA proceeding, worker's compensation
proceeding, and, ultimately, litigation.
We often accept cases for injured workers on a contingent fee basis, meaning that we are reimbursed for advanced expenses and disbursements we
make on the plaintiff's behalf but otherwise receive no compensation unless we win. For our contractor clients, we work with their insurance
carriers to achieve quick and fair resolution of accident claims.
OSHA Compliance
As part of our construction practice, we advise our clients on compliance with the state and federal Occupational Safety and Health Acts (OSHA).
We also represent our clients when they are cited for OSHA violations. We regularly appear before the North Carolina Safety and Health Review
Board in contested OSHA matters.
Public Construction
State and Local Construction
Much of our construction practice centers on public projects. We represent:
- Municipalities (serving as outside construction counsel)
- Community colleges and local school boards
- General and multi-prime contractors
We regularly appear before the North Carolina Office of State Construction.
Military Base Construction
We do substantial work arising out of construction on large military bases located in eastern North Carolina. We have experience
in prosecuting claims under the federal Miller Act and before federal administrative agencies like the General
Accounting Office and the Armed Forces Board of Contract Appeals.
Highway and Bridge Construction
We work extensively for road and bridge contractors on claims before the North Carolina Department of Transportation, as well as on federal
road and bridge projects.
Residential Construction
We have a substantial residential construction practice. We typically serve:
- Publicly traded homebuilders
- Homeowners’ associations
In representing publicly traded homebuilders, we perform all types of work related to the construction of residential subdivisions, including
representing homebuilders in land use issues and construction matters.
In representing homeowners' associations, we handle claims for defective construction. The majority of our cases in this area involve resort
properties, but we occasionally work on behalf of homeowners' associations in single-family residential neighborhoods where the same or
similar construction defects plague every house in the subdivision.