Damages and Strategic Options for Dispute Resolution: A Practice-Oriented Approach (2022 Construction Law Section Winter Program)
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 Damages 101
David Redding, TLG Law, Charlotte Gregory L. Shelton, Shelton Law Carolinas, Charlotte
Receive a general overview of the categories of damages associated with construction litigation — direct damages, liquidated damages, consequential damages and incidental damages — and get tips for effective documentation of each type.
10:00 Break
10:10 Preparing and Quantifying Claims for Lost Profits
Christopher Foux, LitCon Group LLC, Philadelphia, PA Jason Ligon, LitCon Group LLC, Charlotte
Gain a better understanding of claims for lost profits as we discuss the elements of proof, the role of the financial damages expert, economic assessment and damage quantification methodologies, and case-study examples. Then learn about common pitfalls and critiques of opposing lost-profits calculations.
11:10 Break
11:20 Suretyship: Preparation and Everything You Wanted to Know but Were Afraid to Ask
Jessica Bowers, Smith Bowers, Raleigh Michael McCreadie, McGriff Insurance, Charlotte
You've probably heard the basic slogans of surety bonds — "Surety bonds are not insurance." To know about the requirements, "Read the bond!" But for contractors and lawyers alike, knowing what leads to the issuance of surety bonds, and then how bond claims are handled, is often something of a black box. Walk through what goes into the surety brokerage and underwriting processes, how bond claims are handled by sureties and their principals, why indemnity agreements are so important to the surety relationship, and more.
12:20 Lunch
1:20 Rethinking Mediation in a Construction Case
David W. Hood, Patrick Harper & Dixon LLP, Hickory Robert A. Meynardie, Meynardie & Nanney PLLC, Raleigh
Understanding the value of mediation and its goals beyond settlement helps us make better decisions on when to conduct the mediation, how to prepare and what negotiation strategies to employ. This session examines the process from the neutral's perspective, highlights the value of mediation (even without settlement), considers the pros and cons of early mediation, and looks at some of the dynamics of multi-party mediation.
2:20 Break
2:30 Preparing for Arbitration of a Construction Case
H. Arthur "Arty" Bolick II, Brooks Pierce McLendon Humphrey & Leonard, Greensboro Nan E. Hannah, Hannah Sheridan & Cochran LLP, Raleigh Jason B. James, James deNobriga PLLC, Charlotte
This interactive presentation reviews the options for alternative dispute resolution of construction disputes. During an engaging role-play scenario, attendees walk through the steps leading up to arbitration and examine what distinguishes preparation for and conduct of an arbitration hearing from a trial.
3:30 Break
3:40 Something New: Collaborative Law for Construction Cases
John W. Ong, Law Office of John Ong PLLC, Charlotte Ronald A. Skufca, Skufca Law PLLC, Charlotte Nicole Slaughter, Hamlet & Associates PLLC, Wilmington
Collaborative law provides a path to help the parties move forward while preserving working relationships. Listen as attorneys trained in collaborative law walk through a fact scenario and discuss how working together to guide and enable their clients — with the help of objective joint experts — resolves issues when things break down in the middle of a large commercial project.
4:40 Adjourn
Description
There is more than one way to resolve a construction dispute — each with its own pros and cons, preparation requirements, and procedural steps. But first, you have to know what those options are, which one best suits your case, and how to effectively implement your chosen strategy to ultimately reach a resolution.
Contributors
H. Arthur "Arty" Bolick II
H. Arthur "Arty" Bolick II is a partner at Brooks Pierce McLendon Humphrey & Leonard in Greensboro. He is an experienced litigator and construction lawyer who represents clients in all manner of court proceedings and arbitrations. He counsels his construction clients throughout all phases of commercial and institutional construction projects, from contracting and claims resolution, to arbitration and litigation if disputes cannot be resolved through negotiation. Arty is a Certified Mediator through the North Carolina Dispute Resolution Commission.
Arty earned his B.A from University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina School of Law.
Jessica Bowers is a founding partner with Smith Bowers PLLC in Raleigh. She concentrates her practice in the areas of surety law, construction law, business law and litigation, and appellate law.
Jessica works with her clients to reach creative and amicable solutions to try and avoid litigation and minimize costs. When litigation arises or becomes unavoidable, however, she is experienced in representing her clients in state and federal court, as well as in alternative dispute resolution proceedings such as arbitration and mediation.
Jessica earned her Bachelor of Arts degree from Pensacola Christian College in 2000, and earned her law degree, with honors, from Campbell University, the Norman Adrian Wiggins School of law in 2005. During law school, Jessica served as Articles Editor on the Campbell University Law Review. In 2005, she was a recipient of the North Carolina State Bar's Pro Bono Public Service Award.
Jessica was selected by North Carolina Super Lawyers® as a Rising Star for 2013-2019.
Christopher Foux is a Director with LitCon Group LLC in Philadelphia, PA. He specializes in valuation, financial analysis, forensic accounting and damage claims analysis for clients across many industries including construction, media, retail, health care, government contracting, defense and nuclear power generation. He is a certified public accountant (CPA), an accredited senior appraiser (ASA), and accredited in business valuation (ABV).
Christopher also has experience as a business analyst where he analyzed dataflow, provided forensic accounting services, and made recommendations on best practices related to the client's enterprise resource planning system. Additionally, he has consulted with over thirty small businesses and startups, providing them with financial analysis and strategic guidance.
Christopher earned his B.S. in Business Administration from Bloomsburg University of Pennsylvania and his MBA in Finance from Lehigh University.
Click here for more information about Christopher.
Nan E. Hannah
Nan E. Hannah is proud to be a member of Hannah Sheridan & Cochran LLP, a firm which she helped found in 2013.
Following in the footsteps of her father, who was a founder of the construction law section, Nan was destined for a career in the field. A native of Greensboro, Nan served a two-year stint as a research assistant at the North Carolina Supreme Court, then she spent a short time practicing insurance defense, which proved an effective training ground for civil litigation. For the past 20+ years, Nan helps clients in the construction industry with lien, bond and collection matters, as well as creditors rights in bankruptcy, and dispute resolution. Nan is a certified mediator in the North Carolina Dispute Resolution Commission's Superior Court Mediation Program.
Armed with a B.A. in Physical Education from Furman University and a M.S. in Education from Baylor, and before attending law school, Nan spent seven years teaching high school social studies while coaching basketball, and track and field, at Taylor High School in Katy, TX, then at James B. Hunt High School in Wilson. In 1989, Nan was named girls' basketball co-coach of the year for the Big East 3A Conference.
Nan currently volunteers with the North Carolina Bar Association, the Wake County Bar Association and the Taylor Family YMCA and is an elder at White Memorial Presbyterian Church. Among the volunteer opportunities afforded by the NCBA was to chair the "Retiring with Dignity Task Force", which is now known as the Transitioning Lawyers Commission. Today's presentation is part of that group's work.
David W. Hood is the Partnership Chair at Patrick Harper & Dixon LLP in Hickory. He is a trial attorney in a wide-ranging civil practice with over 200 jury trials to his credit. His concentrations include business disputes, construction law, personal injury and collections. He is also a certified mediator, helping to settle cases pending in both state and federal court.
David has served as President of the North Carolina Association of Defense Attorneys, the organization for lawyers representing business interests in civil litigation, as well as President of both the Catawba County and 25th Judicial District Bars. He currently serves on the NCBA Insurance Law Section Council, the NC Equal Access to Justice Commission, the Catawba County Board of Elections, and as Chair of the Alumni Engagement Committee for the UNC Law Alumni Association.
David earned his B.A. and J.D. from University of North Carolina at Chapel Hill.
David and his wife, Sandi, reside in Hickory. Sandi, an ordained minister, is Director of Community Relations for Catawba Valley Regional Hospice, now called Carolina Caring.
Jason B. James is a Founding Partner at James deNobriga PLLC in Charlotte. He is a litigator, focusing primarily in the areas of construction and surety law, construction defect litigation, complex commercial litigation, and dispute resolution.
Jason has significant experience representing owners and developers, as well as design professionals, general contractors, subcontractors, and material suppliers in the negotiation of contracts on the front end of a project through project close out. When disputes arise following project completion, he handles litigation matters related to construction defect and delay claims, wrongful termination claims, and liability issues. Certified by the NC Dispute Resolution Commission to conduct Superior Court mediations since 2008, Jason has mediated over 2200 cases in both state and federal court proceedings and regularly serves as an arbitrator.
Jason has successfully litigated complex commercial and business disputes for his clients involving misappropriation of trade secrets and unfair and deceptive trade practice cases involving multi-million-dollar claims. His trade secrets and unfair competition practice involves competing businesses and covenants not to compete, as well as claims against rogue employees.
Jason has a long history of service to both the Mecklenburg County Bar and North Carolina Bar Association. He is a past chair of the Mecklenburg County Bar Litigation Section as well as the Professionalism, Lawyer Life and Culture Committee. He is active with the North Carolina Bar Association's Litigation Section Council and Construction Law Section, as well as the American Bar Association's Construction Law and Dispute Resolution Sections.
Jason earned his B.A. from Wake Forest University and his J.D. from University of Campbell University Norman Adrian Wiggins School of Law.
Daniel J. Knight is an associate attorney with Parker Poe Adams & Bernstein LLP in Raleigh. He is a litigator who focuses on construction law. He has represented owners, general contractors, and subcontractors in a broad range of construction litigation claims, including over breaches of contract, defective construction, delay, enforcement of lien claims, and bond claims. He has also represented insurance companies in litigation over property and casualty (P&C) insurance related to product liability, automobile negligence, and defective work claims.
Daniel has experience in state and federal court, as well as in arbitration.
Daniel earned his B.A., cum laude, in History and Political Science from North Carolina State University and his J.D. from Campbell University School of Law. In law school, he was a member and officer of the Delta Theta Phi law fraternity, which was actively involved with the Food Bank of Central, and Eastern North Carolina, the Campbell Law Innocence Project and the Military Law Student Association.
Jason Ligon is a Director at LitCon Group LLC in Charlotte. He has over thirteen years of professional experience in consulting, damages calculations and investigations. He specializes in construction and government contract related disputes, as well as forensic accounting investigations involving alleged fraud. He is regularly involved in preparing and analyzing damages claims related to lost profits, delay, disruptions, increased costs, and productivity issues. He has worked on construction matters involving nuclear and gas power plants, overseas embassies and consulates, heavy civil projects and residential construction.
During his career, Jason has testified in deposition and trial as an expert witness, authored investigative reports, and lectured on various topics including fraud risks and investigations.
Jason is a Certified Fraud Examiner (CFE), and received his B.S. in Finance from Virginia Tech and his M.B.A from University of North Carolina at Charlotte.
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.
Michael McCreadie is Vice President of Surety for McGriff Insurance. Based in Charlotte, he is part of McGriff's Construction Practice Group that focuses on surety bond and risk management solutions for clients throughout the Southeast. Michael takes a comprehensive approach with each of his clients by understanding their operations, finances, and overall business goals.
Michael graduated from the University of Pittsburgh with a dual major in finance and business management. He has nearly 20 years of experience in financial markets having started his career in commercial banking, then transitioning into the surety industry. Prior to joining McGriff, he was the Regional Surety Bond Manager for one of the largest surety companies in the United States. Michael's experience provides a critical understanding of the surety markets he navigates for his clients.
Michael is a member of the Construction Financial Management Association (CFMA), National Association of Surety Bond Producers (NASBP), Associated General Contractors of America (AGC), and several other construction industry organizations.
Robert A. "Bob" Meynardie is a business and consturction lawyer at Meynardie & Nanney PLLC in Raleigh. He has been a commercial and construction lawyer in North Carolina since 1993 following a two year clerkship at the Middle District of Florida and the 11th Circuit Court of Appeals. His litigation practice focuses primarily on delay/productivity claims and complex construction defect cases. In addition to his litigation practice, he has served as a neutral in more than 300 mediations and arbitrations since 2000.
Bob 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. He 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.
An avid student of negotiation skills and mediation theory and practice, Bob publishes articles and insights on both at carolinamediations.com.
Bob earned his B.S. in Economics from the Wharton School at the University of Pennsylvania, his M.B.A in Finance from the University of San Francisco and his J.D. from Emory University School of Law
Charles G. "Charlie" Middlebrooks is an associate at Parker Poe Adams & Bernstein LLP in Charlotte. He focuses on commercial and construction litigation. He routinely represents clients in various kinds of civil suits, including complex civil litigation in North Carolina's trial courts, the North Carolina Business Court, and in the federal district courts in North Carolina.
Charlie's recent experience includes serving as the second chair in a multi-week arbitration where he conducted the direct examination of the primary expert witness, cross-examined witnesses, and prepared other witnesses for direct examination.
Charlie is a former law clerk for Chief Judge Laura Beyer and Judge George Hodges of the U.S. Bankruptcy Court for the Western District of North Carolina. He earned his law degree from Wake Forest University School of Law. While there, he was a notes and comments editor for the Wake Forest Journal of Law and Policy, a board member of Moot Court, and a judicial extern for Chief Judge Margaret Bartley of the U.S. Court of Appeals for Veterans Claims. He was also on the Appellate Advocacy Clinic, where he drafted a brief in Department of Commerce v. New York, then pending before the U.S. Supreme Court.
Charlie is a leader within the North Carolina Bar Association's Construction Law Section, serving on its executive council.
Charlie earned his B.A., cum laude, in Political Science from University of South Carolina and his J.D. from Wake Forest University School of Law.
John W. Ong is the founder of John Ong Mediation & Collaborative Law in Charlotte. He is an attorney and mediator, is known as a creative problem solver in areas including construction and major loss cases. With over 30 years of litigation experience and over 14 years as a mediator certified by the NCDRC to conduct Superior Court Mediations, John recently opened his own firm to provide personalized service to his clients.
John is on the Council of the NCBA Dispute Resolution Commission, is the Inaugural Chair of the NCBA Construction Section's Dispute Resolution Committee and is one of the Founding Board Members of the North Carolina Civil Collaborative Law Committee.
John earned his B.A. from Connecticut College and his J.D. from Emory University School of Law.
David Redding is a partner at TLG Law in Charlotte. He began his practice in Winston-Salem and Asheville before settling in Charlotte in 1999, where he has been ever since. Although he started as a criminal defense attorney, he quickly found himself moving toward complex civil litigation. Over the last twenty years has has tried dozens of jury trials and taken several cases to state and federal appellate courts on complex issues involving indemnification, liability limitation and the uniform commercial code.
In 2019, Dave was recognized by the North Carolina Bar Association as a Citizen Lawyer who volunteers his time for worthy community and civic causes to improve the quality of life of those in his community and inspires other lawyers to invest their time and talents in service-oriented activities. Among other activiites, he is the co-founder and current CEO of F3, a non-profit organization that is dedicated to the invigoration of male community leadership through fitness, fellowship and faith.
Dave is the founder and primary contributing author to The Missional Litigator, a website dedicated to the philosophy and techniques of effective litigation.
Dave earned his B.A. in Economics from Boston College and his J.D. from Wake Forest University School of Law.
Prior to attending law school, Dave served in the United States Army as an Infantry and Special Forces officer. He is a veteran of Operation Desert Storm and a former member of the board of directors for Operation Enduring Warrior, a veteran-founded non-profit organization that honors, empowers and motivates the nation's wounded military and law enforcement veterans through physical, mental and emotional rehabilitation.
Brian J. Schoolman is an attorney with Safran Law Offices in Raleigh. He 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. 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. 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 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).
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.
Gregory L. Shelton is a founding member at Shelton Law Carolinas in Charlotte. He has helped businesses solve problems since 1995. He advises his clients on the law, drafts and negotiates their contracts and leases, and champions them in court. He has handled a variety of cases over the years, from securities litigation to shareholder "buy sell" disputes to copyright infringement cases.
Greg is licensed to practice in North Carolina, South Carolina, and Florida. He is a South Carolina circuit court mediator and North Carolina superior court mediator. Greg has published many articles through the years and served as Managing Editor of the Sixth and Seventh editions of the North Carolina Construction Law Deskbook; the definitive treatise on construction law in North Carolina.
Greg became a board-certified construction law specialist in Florida in 2005; the first year such a certification was offered. Greg has regularly been included in Business North Carolina's Legal Elite and in U.S News & World Report's Best Lawyers.
Greg earned his B.S. in Finance from Florida State University College of Business and his J.D., with honors, from Florida State University College of Law.
Ronald A. Skufca is he founder at Skufca Law PLLC in Charlotte. He leads the firm's litigation group representing businesses and individuals in the areas of business, construction, motorsports and family law. He is also trained in the practice of collaborative law. He has substantial experience in the construction industry, NASCAR, and advising a wide range of businesses in all aspects of their legal issues.
Ron currently serves as outside general counsel to several of his long-time business clients while continuing to work with individuals starting their own business or to resolve disputes that may arise. Ron is dedicated to helping both new and longtime business owners in a cost effective and efficient manner. Some of Ron's representative clients are General Contractor JD Goodrum Construction, who built Romare Bearden Park in Uptown Charlotte, Charlotte Mechanical, who has worked on many of the multi-family projects driving the growth of South End Charlotte, and Front Row Motorsports, a three car NASCAR cup series team. Ron's litigation clients value his approach in working with them one-on-one to enable them to take an active role in their case and to make informed decisions. Ron is proud that he has built his practice on personal referrals from existing clients and attorneys who know his reputation for building strong working relationships with his clients in the course of providing zealous legal representation.
Ron earned his B.S. from the University of Virginia McIntire School of Commerce and his J.D. from Wake Forest University School of Law.
Nicole Slaughter is an partner at Hamlet & Associates PLLC in Wilmington. She focuses her practice in the areas of commercial litigation, construction law, product liability, professional malpractice, insurance defense and other complex litigation.
Nicole is a director and founding member of the North Carolina Civil Collaborative Law Association. She also currently serves as a director of the North Carolina Association of Defense Attorneys.
Nicole earned her B.B.A., magna cum laude, from University of Memphis and her J.D., cum laude, from University of Tennessee School of Law. She is licensed to practice in North Carolina, Tennessee, and Georgia.
