Construction Law & Disputes

Our construction law and construction litigation practices have both been recognized by Best Lawyers® (2021 Regional Tier 1).

Our construction lawyers have decades of experience with some of the state’s largest construction disputes. They are familiar with the courtroom, with juries, and with arbitration. They are active teachers and presenters of construction law, instructing law students and members of the practicing bar alike. They are active in both industry and professional groups like the NCBA’s Construction Law Section and the Construction Professionals Network of North Carolina. The firm’s managing partner, Andy Penry, is listed in Best Lawyers and named among North Carolina’s Legal Elite for Construction Law. He’s also been recognized as a North Carolina Super Lawyer in Construction Litigation.

We have represented almost all of the parties involved in the field: owners, developers, contractors, engineers, subcontractors, suppliers, and sureties. We have represented them in an astonishing array of cases, discussed in more detail below. We have done so with the efficiency of a small firm and the effectiveness of an experienced one. We look forward to working with you. Here is a sampling of the types of matters we have handled:

Construction Accident Claims

Unlike many firms that practice construction law, we have substantial experience defending project participants against personal injury claims brought by workers and third parties as well as the related regulatory proceedings often brought before the North Carolina Occupational Safety and Health Review Board. These matters include industrial and other construction accidents involving the death and serious personal injury of one or more individuals due to explosions, falls, crush injuries, electrocutions, trench collapses, asphyxiation, and other causes.

Construction Claims

We have also pursued dozens of traditional construction claims on behalf of contractors and others. These include multi-million-dollar breach of contract claims, lien claims, and bond claims for contract balances as well as complex claims for delay, interference, acceleration, and defective design. We have the knowledge and experience to pursue these claims in court, in arbitration, and before administrative tribunals like the Office of State Construction and the Department of Transportation.

Surety Representation

We represent sureties in payment and performance bond litigation arising out of contractor defaults on major construction projects. Our representations have included advice to the surety on coverage and project completion after a default as well as pursuit of the surety’s subrogation, indemnification, and exoneration claims.

Construction Manager at Risk Advice

We frequently advise construction managers at risk on public projects, where we help them negotiate with public owners and address issues that arise before the Office of State Construction. We also assist these construction managers in their oversight of the bidding process.

Construction Defects

We represent a variety of owners pursuing defective construction claims on large projects, including hotels, assisted living facilities, nursing homes, churches, and homeowners’ and unit owners’ associations acting on behalf of planned developments and condominiums. We often pursue these cases on a contingent fee basis.

Defects cases present intricate construction issues involving water intrusion, structural damage, mold, efficiency losses, and loss of use. We have access to a strong network of forensic architects and others in the industry to help us investigate and pursue these matters in a cost effective way.

Public Construction

Many of the construction disputes we prosecute and defend involve public projects. These public projects include structures on military bases, federal and state highway and bridge projects, and state and local buildings.

We represent both contractors and public owners in these disputes. Our public owner clients have included municipalities, community colleges, and school boards.

We appear in state and federal court and before the Office of State Construction on these matters. We are familiar with the federal Miller Act and the Federal Acquisition Regulation as well as their state counterparts.

In addition to our work on public construction claims, we also represent disappointed bidders for low-bid contracts in protests before state agencies or the United States General Accounting Office.