Skip to main content

Damages and Strategic Options for Dispute Resolution: A Practice-Oriented Approach (2022 Construction Law Section Winter Program)

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, Charlotte
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
John W. Ong, Law Office of John Ong PLLC, Charlotte

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, Bell Davis & Pitt PA, Charlotte
John W. Ong, Law Office of John Ong 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 represents owners, contractors and subcontractors in disputes during all phases of a construction project, including negotiating change orders and other claims that may arise during a project, as well as post completion litigation and arbitration. He has more than two decades of experience litigating disputes in the courtroom and through arbitration. He 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.

    Click here for more information about Arty.

  • Jessica Bowers

    Jessica Bowers, a founding partner with Smith Bowers PLLC in Raleigh, serves as outside counsel for businesses as well as personal counsel to individuals. She concentrates her practice in the areas of surety law, construction law, business law and litigation, and appellate law.

    Jessica earned her B.A. from Pensacola Christian College and her J.D., with honors, from Campbell University Norman Adrian Wiggins School of Law. During law school, Jessica served as Articles Editor on the Campbell University Law Review.

    When she is not working, Jessica enjoys traveling, cooking with her son, Jackson, and spending time with her family and friends.

    Click here for more information about Jessica.

  • Christopher Foux

    Christopher Foux is a Director with LitCon Group LLC in Charlotte. 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, Hannah Sheridan & Cochran LLP, Raleigh

    Nan Hannah discovered early in her career that construction law combined with commercial collections gave her the opportunity to assist her clients while facilitating reasonable outcomes for all parties in a matter. She combines her law practice with a love of research, volunteering in the community, traveling, cooking and being owned by her 10-pound gray tabby, Sasha.

    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, NC, Nan served a two-year stint as a research assistant at the North Carolina Supreme Court, where she gained experience in a broad spectrum of legal issues and the appellate process. Thereafter, she spent a short time practicing insurance defense, which proved an effective training ground for civil litigation. For the past 20+ years, Nan has helped clients in the construction industry with lien, bond and collection matters.

    Before attending law school, Nan spent seven years teaching high school social studies while coaching basketball, track and field at Taylor High School in Katy, TX, then at James B. Hunt High School in Wilson, NC. In 1989, Nan was named girls' basketball co-coach of the year for the Big East 3A Conference.

    Click here for more information about Nan.

  • David W. Hood

    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 written for legal and industry publications on various subjects including trial tactics, use of local rules in litigation, and contribution claims among defendants.

    David earned his B.A. and J.D. from University of North Carolina at Chapel Hill.

    Click here for more information about David.

  • Jason B. James

    Jason B. James is an attorney and mediator at Bell Davis & Pitt PA 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's construction and surety law practice includes working with clients at every phase of the construction process. He 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.

    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 earned his B.A. from Wake Forest University and his J.D. from University of Campbell University, Norman Adrian Wiggins School of Law.

    Click here for more information about Jason.

  • 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.

  • Jason Ligon

    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 the analysis of costs and damages related to complex commercial disputes, construction projects, and government contracts, and frequently provides forensic accounting services related to investigations. He also has experience working on matters in the U.S. Court of Federal Claims, U.S. District Court, state courts and other ADR proceedings.

    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 MBA from University of North Carolina at Charlotte.

    Click here for more information about Jason.

  • 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.

  • Michael McCreadie

    Michael McCreadie is a Surety Producer and the Vice President at McGriff Insurance Services in Charlotte. He is an experienced professional providing surety bond solutions for construction firms.

    Michael earned his degree in Finance and Financial Management Services at University of Pittsburgh.

    Click here for more information about Michael.

  • Robert A. Meynardie

    Robert A. Meynardie is a business and consturction lawyer at Meynardie & Nanney PLLC in Raleigh. 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.

    Robert 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.

    Robert earned his B.S. in Economics from the Wharton School at the University of Pennsylvania, his MBA in Finance from the University of San Francisco and his J.D. from Emory University School of Law

    Click here for more information about Robert.

  • Charlie Middlebrooks

    Charlie Middlebrooks is an associate at Johnston Allison & Hord in Charlotte. He represents clients in various forms of civil litigation, including commercial and construction litigation.

    Prior to joining Johnston Allison Hord, Charlie clerked for the United States Bankruptcy Court for the Western District of North Carolina, providing him insight on the issues creditors face when dealing with financially distressed entities and individuals.

    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.

    Click here for more information about Charlie.

  • John W. Ong

    John W. Ong is a creative problem solver, practicing out of Cranfill Sumner LLP's Charlotte office. Practicing law for over 25 years and handling cases throughout the State of North Carolina since 1998, John serves as Vice- Chair of our Construction Law Group and serves on the Cranfill Sumner COVID-19 Response Team.

    In addition to his practice of law, John is Certified by the North Carolina Dispute Resolution Commission to conduct Superior Court Mediations and is trained in Collaborative Law.

    Click here for more information about John.

  • David Redding

    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.

    Click here for more information about Dave.

  • 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.

  • Gregory L. Shelton

    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's bread and butter is construction law, commercial leasing, and HOA disputes in the Carolinas. Greg particularly enjoys cases requiring visits to the field.

    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.

    Click here for more information about Greg.

  • Ronald A. Skufca

    Ronald A. Skufca is a managing attorney 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 earned his B.S. from the University of Virginia McIntire School of Commerce and his J.D. from Wake Forest University School of Law.

    Click here for more information about Ron.

  • Nicole Slaughter

    Nicole Slaughter is an attorney 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 has represented businesses, individuals and governmental organizations throughout the Southeast for more than fourteen years, serving as lead counsel in numerous complex multi-party lawsuits in both state and federal courts. She represents clients in administrative claims with professional licensing boards and provides counsel on matters involving contract drafting, contract interpretation and liens.

    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.

    Click here for more information about Nicole.

Click here to view Forms and CLE Policies, Terms and Conditions.

If paying by check, click here for a printable registration form. Please reference the live webcast program code 136LWC.

February 17, 2022
Thu 8:55 AM EST

Duration 7H 45M

You can access this item by buying entire section

Buy entire section:

Already Registered?
For Technical Support
(888) 705-6002
+1 (858) 201-4136*
*for callers residing outside of the United States