The Art and Science of Dispute Resolution: Winning Your Construction Case (2024 NC/SC Joint Construction Law CLE)

THURSDAY, SEPTEMBER 19, 2024

5:00 Early Arrivals Reception

5:00–7:00 PM | Renaissance Asheville Downtown Hotel - Top of the Plaza

Please RSVP.

Sponsored by LitCon Group, LLC.

FRIDAY, SEPTEMBER 20, 2024

8:25 Registration and Continental Breakfast

Sponsored by U.S. Legal Support.

8:55 Welcome and Introductions

9:00 A View From the Arbitrator's Bench

R. Harper Heckman, Maynard Nexsen PC, Greensboro, NC
Iman Hyder-Eliz, American Arbitration Association, Dallas, TX
Henry P. "Hank" Wall, Bruner Powell Wall & Mullins LLC, Columbia, SC

Experienced arbitrators share what they consider to be best practices in construction arbitration and explore best practices for creating efficiency in arbitration, as opposed to litigation.

10:00 Break

Sponsored by FTI Consulting, Inc..

10:10 Simplifying Scheduling for Better Project Outcomes

Kim Forbes, McDonough Bolyard Peck, Chesapeake, VA
Michael Siburt, McDonough Bolyard Peck, Raleigh, NC

Explore critical path scheduling from the view of an expert and discuss the concepts of disruption, acceleration, and measured mile analyses.

11:10 Break

11:20 Effective Presentation of Damages

Glynn L. Capell, Capell Thomson LLC, Bluffton, SC
Carmela Mastrianni, Hamilton Stephens Steele + Martin PLLC, Charlotte, NC

Learn creative ways to present damages on a variety of projects. In addition to discussing delay and similarly related damages, this session also covers challenges and theories of recovery in construction defect cases.

12:20 Networking Lunch

Sponsored by Applied Building Sciences, Inc.

1:20 The Surety Is Involved

Jessica E. Bowers, Smith Bowers PLLC, Raleigh, NC
Dunn D. Hollingsworth, Robertson Hollingsworth Manos & Rahn LLC, Charleston, SC

Explore common issues that arise when surety is involved in disputes. Hear from experienced litigators representing sureties, as well as the principal.

2:20 Break

Sponsored by Steno.

2:30 Dynamics of Multi-Party Mediation^≠*

William E. "Ed" Lawson, Turner Padget Graham and Laney PA, Myrtle Beach, SC
Judge Clifton B. Newman (Ret.), JAMS, Kingstree, SC
John Ong, Hamilton Stephens Steele + Martin PLLC, Charlotte, NC

Multi-party mediation introduces issues for both mediators and the parties to consider. In this session, we discuss the unique dynamics of multi-party mediation, as well as touch on the Rules of the NC Supreme Court for Mediated Settlement Conferences, Standard of Professional Conduct for Mediators, Advisory Opinions adopted by the NCDRC, and NC case law updates involving mediation.

3:30 Break

3:40 Annual Case Law Update

Bryan P. Kelley, Elmore Goldsmith Kelley & DeHoll PA, Greenville, SC
Jay M. Wilkerson, Conner Gwyn Schenck PLLC, Raleigh, NC

This session covers important judicial opinions issued over the past year, with the first portion focusing on North Carolina law and the second portion on South Carolina law.

5:10 Adjourn for the Day

5:30 Networking Reception

5:30–7:00 PM | Renaissance Asheville Downtown Hotel - Foyer & Patio

Please RSVP.

Sponsored by HKA and MBP.

SATURDAY, SEPTEMBER 21, 2024

8:25 Continental Breakfast

Sponsored by Veritext.

8:55 Announcements and Introductions

9:00 Insurance Coverage Issues

Adam deNobriga, James deNobriga PLLC, Charlotte, NC
Laura F. Locklair, Boyle Leonard & Anderson PA, Charleston, SC

This panel explores important insurance coverage issues, including recent developments regarding additional insured coverage.

10:00 Break

10:10 The Current State of Electronically Stored Information (ESI) and AI^‡

Sarah Pons, HaystackID, Charlotte, NC
John M. Wilson, HaystackID, Gatlinburg, TN

Discuss the current state of electronically stored information, the emergence of artificial intelligence, and current issues related to these areas.

11:10 Break

11:20 Ethics for Construction Attorneys^*

Nan E. Hannah, Hannah Sheridan & Cochran, Raleigh, NC
Shanna M. Stephens, Reynolds & Stephens LLC, Charleston, SC

Construction law presents various ethical considerations for lawyers. This session contemplates unique ethical considerations that exist with complex multi-party relationships, possible co-counsel arrangements, managing clients' confidential data, selecting and working with experts, and other ethical and professional considerations.

12:20 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit
≠ Indicates portion providing NC Dispute Resolution Commission Continuing Mediator Education

Description

Join construction law professionals from across the Carolinas as we explore the art and science of resolving construction disputes.

Seasoned arbitrators and mediators, skilled experts, and knowledgeable practitioners share what they have learned from experience and explain their approach to a variety of practical issues that are frequently encountered in construction litigation and arbitration.

Come sharpen your skills and learn from experienced professionals.

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Exhibitors

Contact hotels directly for reservations at the special NCBA room rate. Rates are based on availability and rooms may sell out.

Renaissance Asheville Downtown Hotel, 31 Woodfin Street, Asheville
Nightly Rate: $289 single/double
Reservations: Reserve online or call 828.252.8211 (Ask for NCBA Construction Law Group Rate)
Hotel Cutoff Date: Thursday, August 29, 2024

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

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Can't attend in person? Please contact us at askcle@ncbar.org or 919.677.0561 to switch your registration to the Live Webcast before the start of the program.

(After the live CLE program begins, you will have real-time access to only the program format for which you are registered — either In-Person Live or Live Webcast — and your registration cannot be switched.)

Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance. See our FAQ page for more information about archive videos.