MONDAY, NOVEMBER 13, 2023
8:55 Welcome and Introductions
9:00 What Does the Contract Say?
William C. "Casey" Vaughn, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
Scope of work. Payment terms. Default. Termination. This session discusses the most important provisions that should be included in any well-drafted construction contract. Whether from the perspective of an owner, a contractor, or a supplier, the language of the contract matters.
10:31 Break
10:41 They Did What?!
Luke J. Farley, Ellis & Winters LLP, Raleigh
Reed N. Fountain, Young Moore & Henderson PA, Raleigh
Before a plumber plumbs, a contractor builds, or an architect designs, they must obtain a license. Getting a license is hard but keeping one can be even harder. This session helps attorneys handle complaints before North Carolina's various professional licensing boards and help their clients stay on the job and out of trouble.
12:15 Lunch Break
12:45 Find the Smoking Gun!
B. David Carson, Johnston Allison & Hord PA, Charlotte
Eugene F. "Gene" Rash, Smith Currie & Hancock LLP, Charlotte
Discovery is one of the most important parts of any construction dispute. Emails, text messages, photographs, invoices: everything matters. Or does it? This session outlines what's important, and what isn't, in a construction dispute and offers guidance for dealing with disputes.
2:21 Break
2:31 P3s in North Carolina
Jeff Bandini, Innovate P3 LLC, Raleigh
Public and private partnerships are growing and evolving as a way to accomplish construction objectives. This session explores the benefits, and drawbacks of a P3, and provides the practitioner with an overview of a P3 and discusses how to effectively establish a functioning partnership.
4:00 Adjourn for the Day
TUESDAY, NOVEMBER 14, 2023
8:55 Announcements and Introductions
9:00 Project Delivery Methods
John I. Mabe Jr., Maynard Nexsen PC, Raleigh
Parker E. Moore, ARCO Design/Build Charlotte
Sometimes a project is simple. Most of the time, it's not. This session explores the various options available to owners, contractors, and other stakeholders to share responsibilities and liabilities in the execution and delivery of a project.
10:35 Break
10:45 Mediation 101≠
Jason B. James, James | deNobriga PLLC, Charlotte
Robert A. "Bob" Meynardie, Meynardie & Nanney PLLC, Raleigh
Often, the best chance to settle a case is at the mediated settlement conference. Dive into best practices to improve your client and more importantly, settle their case at mediation, saving them money and you a lot of headaches. Explore the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions and the Standards of Professional Conduct applicable to Mediators.
12:20 Lunch Break
12:50 Trial by Fire
Robert L. "Bob" Burchette, Johnston Allison & Hord PA, Charlotte
Erik M. Rosenwood, Rosenwood Rose & Litwak PLLC, Charlotte
Litigation should be a lawyer's last resort, but sometimes, it is unavoidable. Discuss best practices for preparing a complicated construction dispute for trial and ideas to help hold the jury's attention.
2:18 Break
2:28 What's the Latest 411?
Jay M. Wilkerson, Conner Gwyn Schenck PLLC, Raleigh
Review and explore recent updates from the Supreme Court and Court of Appeals on cases affecting every aspect of construction law in North Carolina. Every lawyer will benefit from learning about important changes in the law.
4:00 Adjourn
≠ Indicates portion providing NC Dispute Resolution Commission Continuing Mediator Education
Thank you for joining us for Contracts, Controversies and Completion (2023 Construction Law Section Fall Program).
This program explores alternative construction delivery methods, provides skills to effectively help your clients obtain (or keep) a professional license, and discusses the latest updates and changes in North Carolina's construction case law.
Andrew P. Atkins is an attorney at Smith Anderson in Raleigh as a member of the firm's Construction and Commercial Litigation practice groups. He is a seasoned construction attorney with significant experience in litigation and contracting. He also co-chairs the Real Estate Litigation practice at the firm. He represents owners, contractors and developers in multi-party disputes involving public and private commercial projects. He regularly counsels clients on risk management issues and claim development during construction.
Andrew has significant experience in mediation, litigation, and arbitration and has been involved in projects across North Carolina, throughout the southeast, in Puerto Rico and in Eastern Europe. He has been involved in numerous cases with millions of documents produced in discovery and is able to assist clients in the development of strategies to efficiently process and produce large volumes of documents while minimizing discovery costs. Based on his experience, he serves as the firm's eDiscovery Partner-In-Charge. He also regularly represents clients before the various North Carolina construction-related licensing boards and counsels them on applicable laws and rules.
Andrew is committed to public service. Most recently, he was appointed by Speaker Tim Moore to the North Carolina Rules Review Commission where he serves as 1st Vice Chair. He was previously appointed by Chief Justice Mark Martin as a Reporter on the North Carolina Commission on the Administration of Law Justice. He has also served in several roles within the North Carolina Bar Association and the American Bar Association's Construction Forum.
Prior to joining Smith Anderson, Andrew served as a Judicial Law Clerk to Justice Mark Martin, Supreme Court of North Carolina. He also practiced at the Office of the Comptroller of the Currency, United States Department of the Treasury (OCC), where he often worked with national banks on regulatory matters affecting their business operations and pursued enforcement actions on behalf of the OCC.
Andrew earned his B.A. in Political Science, with honors, and Economics, with highest distinction, from the University of North Carolina at Chapel Hill and his J.D., with high honors, from the University of North Carolina at Chapel Hill School of Law.
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Jeff Bandini is the owner of Innovate P3 LLC in Raleigh. Understanding first-hand the constraints faced by owners tasked with advancing new initiatives with limited experience and resources, he founded Innovate P3 to create better program and project delivery approaches. The firm works across industries, including higher education, transit agencies, counties, towns, cities, community organizations, and private companies. Innovate P3 preempts challenges through best practices, technology, and collaborations with subject matter specialists across the nation.
After practicing law in the North Carolina Attorney General's Office, Jeff transitioned to private practice, advising clients on public policy, real estate development, infrastructure, and public-private partnerships for 18 years. Beginning in 2016, he served as Associate Vice Chancellor for Real Estate & Development at North Carolina State University, where he led the development of the university's public-private research campus, Centennial Campus, and managed the school's 100,000+ acre real estate portfolio. At NC State, he worked with 13 academic colleges, affiliated entities, and community leaders to tailor creative public-private solutions to support the university's educational, research, and entrepreneurship mission. After leaving NC State, he launched Innovate P3.
Jeff is active in the Triangle chapter of the Urban Land Institute and chairs ULI Triangle's Transportation & Land Use Committee. He has served as a Board Member on Raleigh's Blue Ridge Corridor Alliance, the Downtown Raleigh Alliance, Endeavor Charter School Foundation, and the Raleigh Transit Authority. He is also a member of the Raleigh Chamber of Commerce.
Jeff graduated with highest honors in History from UNC Chapel Hill, where he also earned a J.D. and a Master's in City and Regional Planning with a concentration in land use and transportation planning.
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Robert L. "Bob" Burchette is a partner with Johnston Allison & Hord PA in Charlotte. He is especially well known for his experience and expertise in construction law and litigation, having handled disputes in many states and jurisdictions, and represented major construction clients and other businesses, for more than 30 years.
In addition to construction disputes, Bob has been deeply involved in right-to- build, condemnation and conservation easement matters, and has lobbied on behalf of the construction industry. He is also a sought-after certified mediator and arbitrator and is referred often by other lawyers who know his leadership in the North Carolina bar construction section, the American Bar Association (ABA) and the American Arbitration Association (AAA).
Bob is the co-author of Claims and Insurance Sections of the North Carolina Construction Law Deskbook (1994-present), "Construction Claims" Chapter, NCBA NC Construction Law Deskbook (1997-present), co-contributor and presenter: "North Carolina Construction Law" (1999-2003) and co-Author, Construction Law: Can this job be saved? Creative strategies for project completion "Litigation Avoidance in North Carolina," Lorman Services (1999).
Bob earned his B.A. from Guillford College and his J.D. from Wake Forest University School of Law, where he was a member of the Law Review.
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B. David Carson is a partner at Johnston Allison & Hord PA in Charlotte. He is well-known for his 30-plus years of experience in the construction industry and handling North Carolina-based construction litigation and arbitration. He represents companies (general contractors and subcontractors, architects and engineers) in disputes concerning contracts, project delays, completion and cash flow issues, construction defects, permitting, surety issues, safety and more.
David also counsels general contractors and subcontractors on the front end of projects in both the bidding and contracting phases, helping them plan and structure performance to avoid litigation. He also handles real estate litigation on behalf of buyers or sellers, particularly related to landlord/tenant disputes and HOA disputes.
David is a past section chair of the NCBA Construction Section Council.
David earned his B.A., cum laude, from Notre Dame and his J.D. from the University of North Carolina School of Law.
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Luke J. Farley is a construction lawyer with Ellis & Winters LLP in Raleigh. The majority of his practice is focused on complex, multi-party contract disputes, state and federal Miller Act claims, and mechanics' liens. He also assists clients with contract review and negotiation, licensing and certification, OSHA citations, and guidance on troubled projects. He regularly represents contractors, subcontractors, suppliers, owners, and developers and has experience on both public and private projects, including federal construction.
Luke is a frequent speaker on construction law and often presents to industry groups like the Construction Specifications Institute, the Professional Engineers of North Carolina, the North Carolina Masonry Association, and the American Society of Heating, Refrigerating and Air-Conditioning Engineers. He has also been published on topics ranging from a guide to standard form construction contracts to surety indemnity agreements to whether the North Carolina Fair Housing Act applies to general contractors.
Active in several industry and professional organizations, Luke is a member of the Associated Builders and Contractors of the Carolinas, where he serves as the chair of the statewide government affairs committee. He is also an active member of both the American Bar Association Forum on Construction Law (Division 7 – Insurance, Surety, & Liens) and the North Carolina Bar Association Construction Law Section where he serves as a co-chair of the communications committee, often writing posts for the section's blog.
Luke earned his B.A., with honors and distinction, in History and Philosophy from the University of North Carolina at Chapel Hill and his J.D. from Wake Forest University School of Law.
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Reed N. Fountain is a shareholder at Young Moore & Henderson PA in Raleigh. A large part of his practice is focused in the areas of occupational licensing boards and administrative law. He has helped clients facing inquiries from a variety of Boards including: the Board of Dental Examiners, Medical Board, Board of Pharmacy, Board of Nursing, Psychology Board, Board of Education, Auctioneer Licensing Board, Commissioner of Banks, Real Estate Commission, Private Protective Services Board, Board of Examiners for Engineers and Surveyors, and Alarm Systems Licensing Board. He has also engaged in litigation and negotiations with the DENR regarding CAMA regulations, sedimentation control regulations and water quality regulations. He has assisted businesses and individuals facing inquiries from the DHHS.
Another substantial focus of Reed's practice is in the area of Estate and Fiduciary Litigation. He has experience in cases involving will caveats, trust disputes and claims of breach of fiduciary duty. For his business clients, Reed has resolved disputes surrounding business valuation and asset purchase agreements, leasing and lien disputes, and breach of contract claims. He has also successfully negotiated land condemnation settlements with the N.C. Department of Transportation and municipalities.
Reed has represented clients throughout North Carolina in jury trials, bench trials, arbitrations, voluntary mediations, and administrative hearings. He has appeared before the North Carolina Supreme Court and the North Carolina Court of Appeals.
Reed is listed in The Best Lawyers in America©, in the field of Administrative/Regulatory Law (2015-2024) and named the Best Lawyers® Administrative/Regulatory "Lawyer of the Year" in the Raleigh area for 2021. He is also listed in North Carolina Super Lawyers® (2014-2022) and has an AV Peer Review Rating from Martindale-Hubbell.
Reed earned his B.A. in History from Duke University and his J.D. from the University of North Carolina School of Law.
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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.
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John I. Mabe Jr. is of counsel at Maynard Nexsen PC in Raleigh. He has practiced in Raleigh for his entire career, resolving construction problems for owners, design professionals, general contractors, and subcontractors across the Triangle region and state. He resolves disputes involving real estate, development, land use, and commercial law.
John has tried bet-the-farm cases in commercial matters and construction claims. He has arbitrated and tried construction claims and professional negligence matters, land use entitlements, and title claims. He has experience with public-private partnership projects. He knows the way through administrative reviews and appeals, having helped many contractors and design professionals with issues before their regulatory boards. Lease negotiation and litigation is a natural adjunct to John's work in land use, development, and construction fields. He has extensive experience in lien law. His representative experience includes business break-ups, insurance, and suretyship, wholesale/retail finance, distribution agreements including ABC laws and regulations, and bankruptcy litigation.
John is a NCDRC Certified Superior Court Mediator and accepts assignments to serve as arbitrator.
John earned his A.B. in Philosophy from the University of North Carolina at Chapel Hill as a Morehead Scholar and his J.D. from the University of North Carolina Law School.
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Jonathan W. Massell is a shareholder at Maynard Nexsen PC in Raleigh. He practices in the areas of construction law and business litigation. He frequently represents owners, contractors, subcontractors and suppliers on the front end by assisting in contract drafting and negotiations. When disputes arise, he has experience representing clients in a wide array of construction issues, including, but not limited to contractual disputes, defects, delays, and lien and bond claims. He also represents clients in land use and zoning matters, both at the early development and planning stage and in litigation.
Outside of the construction industry Jonathan has broad experience representing clients in various commercial, collection and insurance coverage disputes, with a particular focus on trucking industry defense work. He has helped resolve many disputes at mediation, has argued numerous motions in state court and has federal trial experience.
Jonathan earned his J.D., with high honors, from the University of North Carolina School of Law, where he was a member of the North Carolina Law Review and the Graduate Student Attorney General's Staff. He graduated with a B.A. in History and Spanish from the University of Virginia.
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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
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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.
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Parker E. Moore is Assistant General Counsel at ARCO Design/Build in Charlotte. Prior to joining ARCO, he was a partner at Johnston Allison & Hord PA where he focused on the handling of construction claims for contractors, subcontractors, and design professionals.
Parker is formerly the Vice Chair of the NCBA Construction Section, and has been named as Legal Elite by Business North Carolina in the area of Construction Law each of the past four years.
Parker earned his B.A., cum laude, in Criminal Justice from Greensboro College and his J.D. from Elon University School of Law.
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Eugene F. "Gene" Rash is a partner at Smith Currie & Hancock LLP in Charlotte. He has handled a variety of construction claims and disputes involving such projects as public highways, office buildings, high-rise towers, hotels, laboratories, waste treatment facilities, shopping centers, and healthcare projects. He has also handled matters involving public project (federal, state and local) claims as well as mold litigation and advised clients regarding federal and state procurement issues. He has represented owners, contractors, subcontractors, and surety companies in mediation, arbitration, and litigation.
Gene is a member of the American Bar Association's Forum on the Construction Industry and the Construction Law Sections of the North and South Carolina Bar Associations. He currently serves on the North Carolina Construction Law Section's Lien and Bond Law Revision Committee. He also lectures on topics relating to federal contracting issues as well as avoidance and resolution of construction disputes.
Gene earned his undergraduate education in civil engineering from North Carolina State University. During undergraduate school, he was a post-tensioned concrete structure inspector for an engineering and testing company and he also performed quantity surveys for a local building contractor. Following graduation, he was a project engineer, and later, a project manager for a regional general contractor. Later, he obtained North Carolina registration as a professional engineer and became the general contractor license qualifier for a regional commercial contractor in North Carolina. Following that, he was awarded the Brown Scholarship to attend Wake Forest University School of Law. He earned his J.D. from Wake Forest School of Law. He is admitted to the bars of North and South Carolina.
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R. Lee Robertson Jr. is a Managing Partner at at Robertson & Associates PA in Charlotte and leads the Construction Group at the firm. His principal areas of practice are commercial litigation, construction law and employment defense.
Lee is a member of the Real Property Section of the North Carolina Bar Association and also a member of the Mecklenburg County Bar Association.
Lee earned his B.A. from North Carolina State University and his J.D. from Charlotte School of Law.
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Erik M. Rosenwood is a partner at Rosenwood Rose & Litwak PLLC in Charlotte. He is a trial lawyer with over 20 years of experience handling complex litigation and arbitration. He also frequently serves as a mediator or arbitrator for cases handled by other lawyers and has served as a court-appointed umpire. For many of his long-term clients, he serves as their general counsel, for all issues that might arise, large or small.
Erik's clients include owners (REITs, equity funds, planned communities, private investors and developers), general contractors and design professionals. On the corporate side, he represents both shareholders and company officers or management in shareholders' rights disputes, derivative suits, and fiduciary obligations litigation, as well as complex commercial contracts and business torts litigation.
Erik is a Certified Superior Court Mediator and frequently presents on mediation and arbitration techniques and practice for the Mecklenburg County Bar Association.
Erik is consistently recognized by his peers in the "Superlawyers" and "Legal Elite" publications, appearing in one or both every year since 2008.
Prior to founding Rosenwood Rose & Litwak PLLC, Erik spent 10 years as a partner with the litigation boutique Hamilton Stephens Steele + Martin PLLC, which had been formed by the litigation team at Kilpatrick Townsend & Stockton LLP in 2001. Before that, he was an associate with the litigation team at Moore & Van Allen PLLC, with a practice focused in large, national commercial litigation and federal white collar criminal defense. Before that, he interned in the legal department of Virgin Atlantic Airways in their Crawley, U.K. headquarters.
Erik earned his B.A. in Philosophy from Whitman College in Washington State, his M.Litt in Philosophy from the University of St. Andrews in Scotland and his J.D., cum laude, from Washington & Lee University School of Law.
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William C. "Casey" Vaughn is a Partner at Smith Anderson Blount Dorsett Mitchell & Jernigan LLP in Raleigh. He represents owners, contractors, and subcontractors in all aspects of the construction process from drafting and negotiating contracts to advising on risk management and claims issues and litigating post-construction disputes. He also has experience representing clients in licensing enforcement actions and advising clients regarding public procurement requirements.
Examples of Casey's representative experience include acting as outside construction counsel for an international airport authority; representing general contractors in asserting claims against NCDOT and municipal owners; representing contractors, subcontractors, construction managers, and suppliers in construction defect and delay claims; and representing owners, developers, design-builders, general contractors, and subcontractors in drafting and negotiating construction contracts, joint venture agreements, subcontracts, and other related documents.
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.
Casey earned his B.A. in Peace, War & Defense and Political Science, with honors and distinction, from the University of North Carolina and her J.D., with honors, from The University of Texas School of Law.
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Jay M. Wilkerson is a partner with the firm of Conner Gwyn Schenck PLLC in Raleigh. He has been in private practice continuously since 1992. He has a wide experience with the legal issues surrounding both private and public construction projects. The majority of his practice involves construction litigation, arbitration and mediation. He also has a specialty practice in defending contractors against citations issued by the North Carolina Occupational Safety and Health Administration (OSHA).
Jay earned his B.S. in Business Administration from the University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina at Chapel Hill School of Law.
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