General Contractors and Construction Managers
University building: Represented a general contractor in connection with numerous disputes with the owner and various subcontractors on a new lecture hall/classroom building at a community college, utilizing binding arbitration, litigation, and administrative dispute resolution procedures mandated by the State and Community College system.
University project: Represented general contractor on large public university project and defended contractor and payment bond claims asserted by subcontractors.
Contract/payment bond claims: Represented general contractor on contract and payment bond claims by blasting subcontractor.
Contract/payment bond claims: Obtained dismissal with prejudice of subcontractors’ contract and payment bond claims against general contractor and surety on a county project.
Change order negotiation: Negotiated resolution of general contractor’s claims against public owner related to change orders and added costs for project.
University buildings/parking: Represented general contractor in contract negotiation and dispute resolution involving construction of various university buildings and parking facilities.
Urban redevelopment: Represented general contractor in contract negotiation and dispute resolution involving renovation of downtown tobacco factory into state-of-the-art governmental center.
University mixed-use project: Assisted the Agent-CM for a major university mixed-use project. Services included negotiations with the university over the project delivery method, contract reviews, advice on change orders, and close out of the project.
Church: Represented a general contractor in connection with the construction of a $25 million church sanctuary. The representation was triggered by delays and alleged deficiencies in the structural steel fabrication and erection, resulting in litigation over a standby letter of credit, and claims for additional compensation and time. Ultimately the project was completed and all disputes were resolved through a combination of mediation and direct negotiation.
Medical facilities: Represented general contractor in contract negotiation and dispute resolution involving construction and renovation of major medical facilities.
Restaurant: Negotiated resolution on behalf of general contractor for lien and contract claims between landlord, tenant, general contractor and subcontractors on restaurant tenant upfit project.
Corporate headquarters: Represented general contractor in contract negotiation and dispute resolution involving construction of corporate headquarters for national retailer.
Home builders: Representation of several national production home builders, including one facing 60+ “class action-like” claims of water intrusion through stucco and building envelope following Florida hurricanes in fall 2004.
Housing authority units: Brought claims on behalf of a general contractor engaged to renovate 130 housing units for the housing authority that owned and operated the units. The matter was eventually settled after civil litigation was commenced, arbitration demanded, and mediation attempted.
Apartment complex: Obtained settlement of $1.5 million for general contractor in action against property owner related to general contractor’s construction of apartment complex.
Apartment complex: Represented general contractor on claims against window manufacturers arising out of moisture infiltration and mold growth in apartment complex.
Coastal condominiums: Represent contractor in negotiating contract documents and warranty obligations regarding construction of luxury condominiums constructed in coastal North Carolina.
High-rise condominiums: Coordinated contract and change order negotiation and project close-out, and provided dispute resolution services on behalf of general contractor for claims on $200 million of Florida high-rise condominium, apartment and mixed use building projects.
High-rise condominiums: Negotiated the contract between a developer and a general contractor for the renovation and conversion of a high-rise office building into a high-rise residential condominium project.
Sanitary sewer: Represented general contractor and surety on breach of contract and payment bond claims by boring subcontractor on sanitary sewer project.
Foreign-aid road: Worked with general contractor to prepare and present multi-million dollar request for equitable adjustment to U.S. Army Corps of Engineers on a foreign-aid road construction project resulting in negotiated settlement of contractor’s request.
Lien claim on telecom hub: Asserted a lien on behalf a general contractor in the WorldCom bankruptcy, successfully collecting the entire sum owed to the general contractor for pre-petition work on a telecommunications hub.
Bankruptcy stay: Represented numerous general contractors in obtaining timely relief from automatic bankruptcy stay and utilization of contract funds to complete projects and satisfy claims of subcontractors.
Bankruptcy preference actions: Represented numerous general contractors in defending preference actions for return of construction payments, utilizing preference defenses unique to construction.
Form subcontracts: Prepared a complete suite of form subcontracts and related forms and agreements for a general building contractor.
Standard form contract documents: Drafted standard forms of contract documents for the Construction Management Association of America (CMAA). The work involved preparation of agreements between owner and CM, owner and design professional, and owner and contractors. These forms are similar in scope to those utilized by the American Institute of Architects, Associated General Contractors and the Engineers Joint Contract Document Committee.
Contractor licensing: Represented several out-of-state construction contractors in their efforts to comply with North Carolina licensing and registration laws.