Specialty Contractors, Subcontractors and Suppliers

Public Buildings

Sports arena and coliseum: Represented a contractor in litigation and arbitration seeking additional compensation from parallel contractors and public owner involving new construction of a coliseum. The representation required an understanding of labor acceleration claims and contractual “no damage for delay” clauses.

Federal projects at Fort Bragg, NC: Represented a contractor and subcontractor in connection with claims on an athletic facility expansion and a hospital expansion.

University student housing: Represented contractor seeking additional compensation and extra cost caused by delay and interference in the construction of student housing at a public university.

Science museum: Successfully settled a claim by a museum exhibit subcontractor engaged to install nature exhibits in a public natural science museum. Settlement in the case was achieved by multi-party mediation attended by the public agency, the design team, the general contractor and numerous subcontractors.

Bid protest: Represented electrical contractor in bid protest over disputed award of contracts worth $45 million by local government transit authority resulting in award of contracts to client contractor.

Bid protest: Represented utility contractor in bid protest over disputed award of contracts for waste water treatment plant upgrades worth $25 million by municipality resulting in award of contract to client contractor.

Baseball stadium demolition: Negotiated demolition contracts for demolition contractor for the implosion of two baseball stadiums, including negotiation of insurance policies, protective responsibilities to surrounding properties, and contractual indemnification and contribution obligations.

World Trade Center demolition: Negotiated scope of work responsibilities and demolition protocol for principal demolition consultant to City of New York, Dept of Design and Construction (agency in charge of excavation and removal/remediation of the 9.11.01 World Trade Center site), and participated in regular meetings during the 7-month removal of debris known as “The Pile” at the World Trade Center site in lower Manhattan; drafted insurance and indemnification agreements regarding allocation of responsibilities for demolition and removal activities.

Commercial and Retail Buildings

Fire/alarm systems: Represented fire and alarm systems subcontractor on contract and payment bond claims against general contractor, first tier subcontractor and surety arising out of construction project.

Waste Management and Environment Projects

Wastewater treatment plant: Brought a breach of warranty/defective product claim against a supplier of parts for an irrigation system on behalf of a general contractor engaged to upgrade a wastewater treatment plant and install a wastewater disposal system.

Treatment plant: Representation of treatment plant contractor in action against municipal owner.

Treatment plant: Representation of treatment plant contractor in dispute with supplier over defective fittings.

Waterworks painting: Asserted claims for a waterworks painting subcontractor against a general contractor and the US Army for cost overruns on a rehabilitation project at a military base. In the course of the matter the client collaborated with the general contractor on a Board of Contract Appeals claim and then, after receipt of a favorable decision from the Board, utilized binding arbitration to reach final resolution of the claim against the general contractor.

Incinerator: Successfully defended an industrial piping subcontractor unjustifiably threatened with termination by construction manager on a municipal solid waste incinerator project.

Sanitary sewer: Represented utility subcontractor in delay and contract balance claims against general contractor on sanitary sewer project.

Industrial Projects

Textile campus redevelopment: Represented utility and demolition contractor in contract negotiation and dispute resolution in connection with the conversion of a 100+ acre vacant textile campus including 50+ buildings in preparation for new use of campus as biotechnical research project.

Manufacturing facility: Representation of an electrical subcontractor in arbitration seeking additional compensation in connection with installation of control wiring for a process line.

Utility and Transportation Projects

Road building and excavation: Representation in mediation of a contractor engaged in the construction of roadways and islands supporting oil derricks in the Beaufort Sea north of Alaska. The representation involved a multi-million dollar claim.

Canal excavation and pumping stations: Representation in litigation of a contractor engaged in excavation of canals and construction of pumping stations for a water aqueduct in Arizona. The representation involved a multi-million dollar claim to the Bureau of Reclamation.

Excavation and utility installation: Represented in litigation a contractor engaged to install fiber optic cable from Florida to Washington, D.C. in existing railroad right-of-ways. The representation involved a multi-million dollar claim against a national telecommunication company and defense of suits by subcontractors.

Concrete dispute: Negotiated resolution of dispute between construction materials supplier and concrete subcontractor.

Grading site work: Negotiated full payment for grading contractor for site work on private construction project.

Airports: Represented building and grading contractors in contract negotiation and dispute resolution for construction and renovation of airport buildings, runways and approaches, and fuel storage facilities at locations in North Carolina, Virginia, South Carolina, and Florida.

Bankruptcies and Collections

Equipment lease default: Successfully collected a debt owed to a commercial equipment leasing company after the lessee defaulted. Collection required foreclosure on both the equipment and the underlying ground lease, allowing the debtor’s business to be sold as a going concern to pay the debt.

Subcontractor termination: Represented a subcontractor after non-payment by a general contractor rendered the subcontractor insolvent and the general contractor terminated the subcontractor’s contracts. The matter was worked out through mediation with the general contractor and a series of settlements with the creditors of the subcontractor.

Supplier liens: Filed and enforced lien claims for large construction materials supplier.

Bankruptcy preference actions: Represented numerous subcontractors in defending preference actions for return of construction payments, utilizing preference defenses unique to construction.

Lien/bond claims: Represented numerous utility, building and specialty contractors in filing lien and bond claims to collect sums owed for work performed by clients. Resolved clients’ cases through direct negotiation, mediated settlement or trial.

Form Contracts

Contract documents: Drafted complete integrated program of standardized contract, subcontract, purchase order and project level forms for contractor’s use on any of its projects.

Painting contracts: Prepared standard form contracts and related forms for commercial/residential painting subcontractor.

Utilities contracts: Prepared standard form contracts and related forms for utilities contractor which operates in multiple states.

Utilities contracts: Prepared standard form contracts and related forms for utilities contractor which operates throughout North Carolina and South Carolina.

Contract negotiation: Reviewed and negotiated contracts and subcontracts for general, utility, electrical, mechanical and specialty contractors.

Licensing and Registration

Contractor licensing: Advise contractors regarding compliance with statutes and regulations governing licensure of general, plumbing and electrical contractors.

OSHA Compliance and Citations

OSHA citations: Represented contractors in contested OSHA citations involving fall protection, excavations, use of personal protective equipment, confined space entry, overhead power lines, asbestos containing material, tilt-up wall construction, equipment maintenance, fabrication facilities, concrete block cutting and general contractor’s responsibility of work site safety.

OSHA citation appeals: Represented contractors in appeals of contested OSHA citations to N.C. Safety and Health Review Board.


General counsel: Served as general counsel to a number of different contractors and developers, including mechanical, electrical, pipe fabrication, drywall, geotechnical, fire sprinkler, engineering, and subsidized housing.

Mergers and acquisitions: Closed the sale of a closely held mechanical contractor to another firm.

Mergers and acquisitions: Closed the sale of a closely held electrical contractor to another firm.

Mergers and acquisitions: Closed the sale of a closely held geotechnical contractor to another firm.

Start ups: Involved in several start up companies, including excavation contractor, geotechnical contractor, pipe fabricator, utility contractor, mechanical contractor, general contractor, and engineering firms.