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Day 1 | Déjà Vu All Over Again — Virtually (A Program Celebrating the Release of the 8th Edition of the North Carolina Construction Law Deskbook)

8:55        Welcome and Introductions

9:00        The Lasting Impact of Seminal Cases on Present-Day Construction Litigation

Peter J. Marino, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
William "Casey" Vaughn, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh

Explore the impact, progeny, implications and limitations of several key construction law decisions: Spearin, Gilbert Engineering, Ports Authority and Kaleel Builders. Starting with Spearin and Gilbert Engineering, we discuss how owners/architects have tried to cut into the implied warranty of design sufficiency via contract terms and alternative project delivery. Next, we take a look at Ports Authority and the squirrely (and arguably inconsistent) economic loss rule cases that have followed. Finally, we review the seminal indemnity case of Kaleel Builders, focusing on what the decision really means and how it impacts contract drafting and claims recovery in litigation.

10:00      Break

10:10      A Well-Regulated Construction Industry: The Licensing of Construction Professionals

Stephanie U. (Roberts) Eaton, Spilman Thomas & Battle PLLC, Winston-Salem
Bryan G. Scott, Akerman LLP, Winston-Salem

Receive an overview of the leading regulatory boards applicable to the construction industry, including general contractors, subcontractors, architects and engineers. With a focus on the regulatory and civil consequences of engaging in unauthorized practice of these trades, attendees learn about the disciplinary powers of the key licensing boards.

11:10      Break

11:20      More Money, More Problems? Frequently Litigated Issues When a Contractor Seeks Additional Compensation

Thomas L. "Tom" Antoine, JD Beam Inc., Raleigh
Robert L. "Bob" Burchette, Johnston Allison & Hord PA, Charlotte
Bentford E. "Ben" Martin, Hamilton Stephens Steele & Martin PLLC, Charlotte

Walk through the legal issues and proof questions that can arise when seeking additional compensation for such project impacts as owner-requested changes/design revisions and unexpected subsurface conditions. These issues include the criticality of maintaining and preserving claim documentation and satisfying contractual notice and presentment requirements, treatment of overhead and lost profit claims (including the practical difficulties in proving unabsorbed home office overhead damages under the Eichleay formula), taking care with progress payment lien releases to avoid inadvertently waiving a claim, the use of pass-through and liquidating agreements when extra work claims involve subcontractors, and apportionment of liquidated damages.

12:20      Adjourn


Thank you

Thank you for joining us today for day one of Déjà Vu All Over Again — Virtually. We'll see you tomorrow.

Contributors

  • Thomas L. "Tom" Antoine

    Thomas L. "Tom" Antoine is co-owner, president and COO at J.D. Beam, Inc. a general contractor located in Raleigh, NC that is focused on commercial construction. Mr. Antoine is a licensed attorney in Illinois and North Carolina. He also is qualifier on his firm's unlimited general contractor license in North Carolina, Virginia, South Carolina.Tom holds a Bachelor of Science in Construction Management from the University of Wisconsin at Platteville, a Juris Doctor and Legum Magister in Real Estate Law both from the University of Illinois at Chicago. At UIC, he was Editor-In-Chief of the Morrisey Scholar Ethics Law Review, recipient of the Morrisey Scholarship, and served as a Teacher's Assistant in Dispute Resolution classes. Tom and his wife of 21 years, Michelle, have eight children together and reside in Clayton, NC. He has served on the board of several non-profits over the years and currently serves as a Deacon at White Oak Baptist Church in Archer Lodge, NC. At work, Tom leads a team of 26 professionals to contract and build between $20 and 40 million in work on an annual basis.

    Click here for more information about Tom.

  • Matthew C. "Matt" Bouchard

    Matthew C. "Matt" Bouchard joined Poyner Spruill, LLP in 2019 as a partner in the firm's Litigation Section. His practice focuses exclusively on serving the needs of private property owners, prime contractors, subcontractors, and bonding companies in construction law and surety law matters across North Carolina. From September 2006 until joining Poyner Spruill, Matt practiced construction and surety law in the Raleigh office of Lewis & Roberts, after having spent the first five years of his practice at Holland & Knight's Boston office. He is a 1994 graduate of Duke University and a 2001 graduate of the University of North Carolina at Chapel Hill School of Law. Matt currently serves as Chair of the Construction Law Section of the North Carolina Bar Association and is active in various construction-related trade organizations.

    Click here for more information about Matt.

  • Thomas M. Buckley

    Thomas M. Buckley is a partner in Goldberg Segalla’s Raleigh office who represents businesses in complex commercial litigation matters, including construction defect, construction injury and death, and the defense of professionals in liability actions and licensing board complaints. His practice also entails defending clients against catastrophic personal injury and death claims, unfair trade practice claims, and a wide variety of business and contractual disputes, including employment discrimination, wrongful termination, and disputes related to business dissolution. His background in construction and employment law have come together in the OSHA and safety area, where he represents clients in OSHA investigations and assists in the development of safety protocols and plans.

    Click here for more information about Mr. Buckley.

  • Robert L. "Bob" Burchette

    Robert L. "Bob" Burchette is a partner with the Charlotte law firm of Johnston, Allison & Hord, P.A., where his practice concentration is in construction law, including litigation and arbitration, as well as commercial and civil litigation. Mr. Burchette holds a J.D. degree from Wake Forest University Law School, where he was a member of the Law Review, and a B.S. degree from Guilford College. He is a certified mediator and arbitrator. Mr. Burchette is the co-author of the North Carolina Construction Law textbook and co-author of the "Construction Claims" chapter of the NCBAF's NC Construction Law Deskbook (1997–present). Mr. Burchette has also served as Master of the Justice Bobbitt Inns of Court, a member of the North Carolina Bar Association's Construction Section Council and Editor of its newsletter, The Change Order, and member of the North Carolina Court's Commission (1995–1997). Mr. Burchette is a member of the American Bar Association's Forum on Construction Industry. He has been named annually to Best Lawyers, Legal Elite and Super Lawyers since their inception. He is a frequent lecturer and author on construction- and insurance-related topics.

    Click here for more information about Mr. Burchette. Mr. Burchette may be reached at 704-998-2321 or by email.

  • Connor H. Crews

    Connor H. Crews is an assistant professor of Public Law and Government at the UNC School of Government, where his work focuses on local government contracting, procurement, conflicts of interest, ethics, and surplus property disposal. Immediately prior to joining the School, he worked as an associate at McGuireWoods LLP in Raleigh, where he served as bond counsel, borrower's counsel, and underwriter's counsel in a wide range of tax-exempt and tax-advantaged financings for public entities and nonprofit organizations.\

    Crews received his J.D. from the University of Virginia School of Law, where he served as an Articles Editor for the Journal of Law & Politics. He earned a B.A. with highest distinction from the University of North Carolina at Chapel Hill. He is a member of the North Carolina State Bar.

    Click here for more information about Crews.

  • Thomas H. "Tom" Davis Jr.

    Thomas H. "Tom" Davis Jr. is a partner at Poyner Spruill LLP in Raleigh, North Carolina. He has more than 30 years of experience in the litigation and arbitration of complex cases. He advises clients on legal matters including construction contract negotiation, claims analysis and presentation, labor and OSHA disputes, professional licensing disputes, and land condemnation.

    Prior to joining Poyner Spruill, Tom served as Assistant Attorney General of the North Carolina Department of Justice, Highway Division. He is a Certified Superior Court Mediator and District Court Arbitrator. He received his B.A. degree with honors in History from North Carolina State University and his J.D. degree from Wake Forest University.

    Click here for more information about Tom.

  • Stephanie U. (Roberts) Eaton

    Stephanie U. (Roberts) Eaton is a member of Spilman Thomas & Battle, PLLC, in Winston-Salem. Her principal areas of practice are litigation and dispute resolution with an emphasis on construction-related product liability, and industrial accident matters. She has represented contractors in various licensing matters, as well as contract review and negotiation involving private and governmental commercial construction projects. Ms. Eaton is the immediate past chair of the Construction Law Section, a member of the Diversity Task Force, a YLD Fellow, a former member of the Foundation Development Committee, and a former site chair of the 4All Task Force of the North Carolina Bar Association. She is also a member of the Women in the Law, Product Liability, and Public Service Committees of the Defense Research Institute and vice chair of the organization's Construction Defect Specialized Litigation Group; a member of the South Carolina Defense Trial Attorneys Association; and the former president of the Forsyth County Women Attorneys Association. Ms. Eaton received her B.A. from Emory University in 1993 and her J.D. from the University of Florida School of Law in 1996.

    Click here for more information about Ms. Eaton.

  • Philip T. Gray

    Philip T. Gray is a practicing attorney and partner at StephensonLaw, LLP in Cary, North Carolina, where he specializes in commercial & residential construction defects, materialman liens, contract disputes, eminent domain and general litigation.

    Mr. Gray received his B.S. degree from North Carolina State University and his J.D. degree from Campbell University. At Campbell, he was a member of the National Trial Team and selected for membership in The Order of Barristers. He devotes a large portion of his free time as a guest-teacher in Wake County elementary, middle and high schools introducing students to constitutional principles and our legal system with his favorite lesson being a mock trial putting the Big Bad Wolf on trial for the murder of the Three Little Pigs. Mr. Gray has partnered with the Law-Related Education Advisory (LREA) Committee of the North Carolina Bar Association's Foundation to bring his Big Bad Wolf lesson to reach all of North Carolina students.

    Click here for more information about Mr. Gray.

  • Daniel J. Knight

    Daniel J. Knight is an associate attorney with Parker Poe Adams & Bernstein LLP in Raleigh. Daniel focuses his practice in the area of construction litigation representing owners, contractors, and design professionals in construction disputes. In addition to his construction practice, Daniel has represented and advised clients in connection with product liability claims, personal injury claims, and consumer complaints.

    Daniel has frequently spoken to industry groups on a range of construction topics including changes to standard form AIA contracts, delay claims, and commercial general liability insurance in the context of construction claims. Daniel currently serves as a co-chair for the Construction Law Section's CLE Committee. In addition to his commitment to the Construction Law Section, Daniel is actively involved in the NCBA's Insurance Law Section serving as a Council Member, the Section's YLD Liaison, and serving as a co-chair for both the Section's CLE Committee and Blog Committee.

    Daniel is originally from Wake Forest, North Carolina and received his B.A. degrees in History and Political Science from North Carolina State University in 2010 and his J.D. degree from Campbell University School of Law in 2014.

    Click here for more information about Daniel.

  • Jennifer M. Leuschner

    Jennifer M. Leuschner is a Bond Claim Manager for Philadelphia Indemnity Insurance Company. Prior to joining Philadelphia in 2017, Ms. Leuschner worked for Hartford Fire Insurance Company for eleven years. Ms. Leuschner earned her B.A. in Economics and History from Providence College in 1997 and her J.D. from Roger Williams University School of Law in 2003 and is a licensed attorney in the State of Texas. She is a frequent speaker on various surety topics at professional education conferences and author to number of articles and publications in area of surety and construction law.

    Click here for more information about Ms. Leuschner.

  • Peter J. Marino

    Peter J. Marino is a partner with Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. in Raleigh and chairs the firm's Construction and Real Estate Development Groups. His practice includes all facets of construction law arising out of public and private projects, representing owners, developers, contractors, sureties and design professionals. He is a former Chair of the NCBA Construction Council (2007-2008), a past Managing Editor of the North Carolina Construction Law Deskbook, 3rd, 4th, and 5th Editions, and a co-author of several chapters in the Deskbook. Mr. Marino also serves as an appointed member of the Construction Law Section Joint Committee with the Carolinas Chapter of the Association of General Contractors. He is a certified arbitrator in the 10th Judicial District, a past Chair and current Steering Committee member of Division 2 of the American Bar Association's Forum on the Construction Industry, and he has published and spoken on a wide variety of construction law topics. He is listed in Chambers USA (Band 1 for Construction Law), Woodward/ White: The Best Lawyers in America, Business North Carolina "Legal Elite," and "North Carolina Super Lawyers." He received his B.A. degree from LeMoyne College in 1987 and his J.D. degree with honors from the University of North Carolina at Chapel Hill in 1990.

    Click here for more information about Mr. Marino.

  • Bentford E. "Ben" Martin

    Bentford E. "Ben" Martin is a founding partner of Hamilton Stephens Steele + Martin PLLC in Charlotte. Ben is a seasoned civil litigation and construction law practitioner who represents commercial contractors, subcontractors, owners, developers and municipalities in contract review, negotiation and preparation, as well as claims, litigation and arbitration. Ben has prepared contracts and handled claims concerning a wide variety of construction projects, including hospitals, university buildings, condominium and apartment projects, hotels, manufacturing and military facilities, roads, mass transit, subdivisions, office and retail centers. Ben has extensive experience with public and private construction disputes, including suretyship, CPM scheduling and delay claims, as well as investigating and litigating construction defects and failures. He has often presented at seminars and continuing education programs on various construction and claim issues.

    Click here for more information about Ben.

  • Carmela E. Mastrianni

    Carmela E. Mastrianni is an attorney in the Hamilton Stephens Steele + Martin PLLC's Commercial Construction Litigation Group. She primarily represents subcontractors, and design professionals, general contractors and more in lawsuits alleging construction defects, delay claims, accounts collection, and other work or project issues. In addition to her construction work, Carmela represents landlords in summary ejectment actions, unconventional tenancies, and related litigation matters.

    Carmela is licensed in both North Carolina and South Carolina and splits her practice between the two states. Most recently, she was recognized for her legal work by Chambers USA as one of the Construction "Associates to Watch" in North Carolina (2020, 2021); was invited to join the 2024 Class of the NC Construction Council, a division of the North Carolina Bar Construction Section; and was selected as one of the 2020 Diversity Fellows for the ABA Forum on Construction.

    Carmela is a "double-heel", having earned both her undergraduate and law degrees at the University of North Carolina at Chapel Hill. 

    When outside the office, Carmela enjoys hiking and adventuring with Harvey, her Pitbull Boxer and competing in her local kickball league on Sunday afternoons.

    Click here for more information about Carmela.

  • Robert A. Meynardie

    Robert A. Meynardie has practiced commercial and business litigation in North Carolina since 1993. His litigation practice focuses primarily on delay/productivity claims and complex construction defect cases. In addition to his litigation practice, Mr. Meynardie has served as a neutral in more than 300 mediations and arbitrations since 2000. He is certified by the North Carolina Dispute Resolution Commission for civil matters and is an active member of AAA’s arbitration and mediation panels for both commercial and construction disputes. Mr. Meynardie has written numerous articles on topics ranging from delay and acceleration in construction to preparing for better advocacy in mediation and has spoken on these topics at conferences of both the NCBA Construction section and the ABA Forum. He is a member of the Construction Section and formerly served as its chair.

    Click here for more information about Mr. Meynardie.

  • Brian J. Schoolman

    Brian J. Schoolman is an attorney with Safran Law Offices, in Raleigh. Brian has been with Safran Law Offices since 2003, and has represented clients in all roles in the construction industry, including commercial, residential, and public owners, general contractors, subcontractors, suppliers, design professionals, and trade associations. He has also served as a lobbyist and advocate on several pieces of construction legislation before the North Carolina General Assembly, including bills on public construction delivery methods and on prequalification.

    Brian earned his J.D. from the Duke University School of Law, and graduated, magna cum laude, from Claremont McKenna College, earning his B.A. with honors in Government. His practice includes construction law and litigation, commercial litigation, contracts, corporate organization and governance, administrative hearings, and appellate practice, both in state and federal courts.

    Brian is admitted to the North Carolina and California State Bars, the 4th Circuit Court of Appeals, and all three Federal District Courts in North Carolina. Brian is a member of the North Carolina Bar Association Construction Law Section, and the American Bar Association Forum on Construction Law. He is also certified as a Superior Court Mediator by the North Carolina Dispute Resolution Commission (NCDRC).

    Click here for more information about Brian.

  • Bryan G. Scott

    Bryan G. Scott is a partner in the Winston-Salem office of Akerman LLP. He practice includes construction law and litigation, commercial litigation, and creditor's rights in North Carolina, Virginia, and West Virginia. Mr. Scott represents owners, developers, and contractors in contract negotiations, project monitoring, lien disputes, and construction claims and defect litigation. He is a former Chair of the NCBA Construction Law Section, editor of the Section's newsletter The Change Order, and CLE co-chair. Mr. Scott is AV Rated by Martindale-Hubbell and was selected for inclusion among construction lawyers in the "Best Lawyers in America" by Best Lawyers, "Legal Elite" by Business North Carolina magazine, and "North Carolina Super Lawyers" by Super Lawyers magazine. He received his B.A., magna cum laude, from Appalachian State University in 2001 and his J.D. from Wake Forest University in 2004.

    Click here for more information about Mr. Scott.

  • David A. Senter

    David A. Senter is a partner in the Raleigh office of Nexsen Pruet and is widely respected for his background in construction law, commercial litigation, and commercial collections. He has 35 years of experience delivering legal strategies and solutions on a wide range of issues impacting the construction industry and a wide range of large, complex construction projects.

    Since David joined the firm in 1984, clients have trusted him to handle routine and complex cases. David has been recognized in Construction law by Best Lawyers in America (Lawyer of the Year for Litigation-Construction/Greensboro), named Legal Elite by Business North Carolina, and as a North Carolina Super Lawyer. He frequently speaks before national and local audiences on topics related to construction law.

    David has authored many articles in bar and trade publications and has served in leadership positions for several professional associations. He is an Adjunct Professor of Construction Law at Wake Forest University School of Law. He is also a certified North Carolina mediator and a member of AAA's Large Complex Case Panel.

    Click here for more information about David. David may be reached at 336.387.5126 or by email.

  • Michael J. Sugar III

    Michael J. Sugar III grew up in Brandon, Florida. He received his Bachelor of Science in Mechanical Engineering from Boston University. Following his graduation from BU, Michael moved to Tampa, Florida and began his career with Clark Construction Group. Michael served as a Project Manager for Clark for 6 years. Michael oversaw the construction of both the US Central Command Joint Intelligence Center and the new US Central Command Headquarters, each project was located on Macdill Air Force Base in Tampa. While working for Clark, Michael obtained his MBA from the University of Tampa.

    In December 2012, Michael began his career with Forcon International (a forensic engineering, accounting and Surety consulting firm). He has consulted on a wide variety of projects up and down the East Coast of the United States. In 2018, Michael was promoted to President of Forcon. Michael currently oversees the day to day operations of the Company and manages a staff of 25 employees and 100+ consultants while still consulting on projects several Sureties.

    Click here for more information about Michael.

  • William "Casey" Vaughn

    William "Casey" Vaughn joined Smith Anderson in 2018 as an associate in the Construction and Litigation practice groups. Casey represents contractors, owners, developers, sureties and design professionals in a variety of disputes and construction related matters.

    Prior to joining Smith Anderson, Casey was an associate in the Dallas office of a large international law firm where he worked on a wide range of complex commercial and construction disputes, including domestic and international arbitrations, multi-district class action litigation, regulatory investigations and antitrust disputes. He is a graduate of the University of North Carolina and a graduate of University of Texas School of Law.

    Click here for more information about Casey.

Gold Sponsor

Bronze Sponsor

The eighth edition of the North Carolina Construction Law Deskbook has been uploaded to the Construction Law community forum on the North Carolina Bar Association's website.

The Deskbook is a benefit available to all members of the NCBA Construction Law Section and is easily accessible by following the steps below.

How to Access the Deskbook

1. Click here to log in to "My Communities"

2. Select "Construction Law".

3. Select "Library" on the menu bar in the middle of the page.

4. Under "Folders" on left-hand side of the page, click the rotating triangle to the left of this folder labeled "Desk Book – Foreword" to expand the folder directory. You will see the list of 17 chapter folders.

5. Click on each chapter folder to bring up the chapter's contents on the right-hand side of the page under "Folder Contents".

6. Double-click the content you're interested in to bring up a page that allows you to view or download the chapter or form that you've double-clicked.

February 17, 2021
Wed 8:55 AM EST

Duration 3H 25M

This live web event has ended.