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Practice
Details
Reflecting our background
in contract law, the emphasis in the Firm has been on project level
services, including both contracts and dispute resolution. Although
best known for contract law and litigation, the Firm also has experience
with corporate law, at times serving as outside corporate counsel or
providing local support to corporate counsel. Also, given the Firm's
interest in the industry, our practice includes public policy and public
service work. Please visit these links for more information about our
services in these areas.
Project
Level Services
Corporate
Level Services
Industry
Level Services
Project
Level Services
At the project level, the
Firm provides a full range of transactional and dispute resolution services.
We consult on land use and environmental issues. The Firm can advise
clients on appropriate project delivery systems, and can assist with
bid documents and bid processes. We also review financing and loan documents,
bonds, insurance plans and policies, design contracts and construction
contracts. Once a project is underway, we can assist with project administration
and dispute resolution as project counsel. Once a project is complete,
we provide a full range of dispute resolution services, including claims
resolution and collections. The members of the Firm are experienced
in all aspects of litigation and alternative dispute resolution. The
members of the Firm are also trained and active mediators and arbitrators.
ILLUSTRATIVE
CASES:
| 1. Toll
Roads - Member of three Dispute Resolution Boards
for the one billion dollar plus toll roads being constructed in
the san Joaquin Hills Transportation Corridor, Orange County, California |
| 2.
Toll Road Contract Documents - Drafting parts of
a design/build contract for a toll road on the east side of Denver,
Colorado. The work included preparation of a listing of the liability
issues involved and recommendations as to procedures and contract
language for handling the liability exposure. |
| 3. 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 off Prudeau Bay, Alaska.
The representation involved a multi-million dollar claim against
Standard Oil of Ohio |
| 4. Excavation
and Heavy Equipment - 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 |
| 5. Excavation
and Utility Installation - Representation in litigation
of a contractor engaged in the installation of 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 |
| 6. Excavation
and Utility Installation - Representation in litigation
of an owner (private utility) in resolving multi-million dollar
claims involving construction of a water distribution system.
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| 7. Detention
Center - Representation in litigation of a public
owner (County) in resolving multi-million dollar contractor claims
and prosecution of claims for the owner against the designer, involving
construction of a $43 million jail and courthouse complex utilizing
multiple prime contractors |
| 8. Detention
Center - Representation in litigation of a public
owner (County) and in restructuring prime contracts after defaults
by contractors, and in resolving claims for defective work -- $26
million jail |
| 9. Sports
Arena and Coliseum - Representation in mediation
of public owner (City) in resolving multi-million dollar claims
involving construction of a sports arena and coliseum expansion.
The representation involved sorting out claims and their cause between
the various multiple prime contractors, the owner and designers.
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| 10. Sports
Arena and Coliseum - Representation in litigation
and arbitration of a contractor 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. |
| 11. Federal
Projects at Fort Bragg, NC - Claim representation
of contractor and subcontractor in connection with an athletic facility
expansion and a hospital expansion |
| 12. Beach
Condominiums - Representation of homeowners in connection
with workmanship problems and warranty |
| 13. Beach
Condominiums - Representation of general contractor
regarding workmanship problems and warranties |
| 14. 211
Unit Apartment Project - Piedmont, North Carolina
- Represent general contractor regarding workmanship and delay problems
and warranty issues |
| 15.
Arbitrator - Co-generation - Member of an AAA panel
regarding construction of a co-generation facility, administered
by the Boston regional office |
| 16. Arbitrator
- 280 Unit Apartment Project, Piedmont, North Carolina - Member
of an AAA panel regarding delay and workmanship disputes |
| 17. Party
Appointed Arbitrator - Member of an arbitration panel
(appointed by the contractor) in connection with a dispute arising
from environmental remediation |
| 18. Manufacturing
Facility - Representation of an electrical subcontractor
in arbitration seeking additional compensation in connection with
installation of control wiring for a process line |
| 19.
Office Complex and Research and Testing Center - Drafting
design and at risk construction management contracts for a private
owner - $24 million in new construction. |
| 20.
Embassy - Drafting design and construction contracts
for use in the renovation of an historic structure in Washington,
D.C., for the owner (a foreign country) and advising the owner during
all phases |
| 21.
Historic Renovation - Drafting design, professional
construction management and construction contracts for use in the
renovation of an historic structure in Washington, D.C., for the
owner (a private association), and advising the owner during all
phases |
| 22. Remodeling
and Upfit of Tenant Space - Drafting design, construction
management and construction contracts for use by a national tenant
in multiple U.S. locations. |
| 23. Processing
Facility Contract Documents - Drafting design/build
contract documents for a sludge processing facility in New York.
The project involved excavation, installation of structural concrete
and hookup of technical electronic equipment |
| 24. Detention
Center Contract Documents - Drafting project management
and design contracts for public owner (County) - $12 million jail.
The project involved preparation of cost models and design requirements
not to exceed fixed limits |
| 25. Sports
Facility Contract Documents - Drafting design and
construction contracts for a public owner - $48 million coliseum
complex. The project involved fixed budgets, tight schedules, extensive
cost estimating, renovation and new construction |
| 26. Regional
Shopping Mall Contract Documents - Drafting project
management, design and construction contracts for a private owner
- $45 million in new construction and renovation of a regional shopping
mall. The project involved coordinating the terms of 23 multiple
management, design and construction contracts, and advising the
owner during all phases of the project |
| 27. Standard
Form Contract Documents - Drafting "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 |
| 28. Environmental
Remediation - Drafting contracts for all remediation
phases of a superfund site, on behalf of PRP group |
| 29. Environmental
Remediation Litigation - Representation of owner
of an industrial facility in litigation with remediation contractor |
| 30. Treatment
plants - Representation of treatment plant contractor
in action against municipal owner |
| 31.
Treatment plants - Representation of treatment plant
contractor in dispute with supplier over defective fittings |
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Corporate
Level Services
At the corporate level, the
Firm provides assistance with the formation of business associations,
and with mergers, acquisitions, divestitures, and business continuation
plans. We assist with real property and equipment leasing and acquisition,
and with asset financing. We also review insurance plans and relationships
with bonding companies. The firm assists with licensing and registration
with public agencies in North Carolina. The Firm also provides assistance
with employment issues.
ILLUSTRATIVE
CASES:
| 1.
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 |
| 2. Mergers
and acquisitions -
Closed the sale of a closely held mechanical contractor to another
firm |
| 3. Mergers
and acquisitions -
Closed the sale of a closely held electrical contractor to another
firm |
| 4. Mergers
and acquisitions - Closed
the sale of a closely held geotechnical contractor to another firm |
| 5.
Start ups -
Involved in several start up companies, including excavation contractor,
geotechnical contractor, pipe fabricator, utility contractor, mechanical
contractor, general contractor, and engineering firms |
| 6. Business
continuation - Assisted
several construction firms with ownership succession issues and
takeovers |
| 7.
Associations -
Involved in the creation and governance of several trade groups
and associations |
| 8. Licensing
and registration -
Assisted numerous clients seeking registration, licensing and compliance
with rules of various licensing boards in North Carolina |
| 9. Licensing
and registration -
Assisted individual engineers accused of misconduct by the NC Registration
Board for Registered Engineers |
| 10.
Licensing and registration -
Assisted architect accused of misconduct by the Architect's licensing
board in NC |
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Industry
Level Services
At the industry level, the
Firm engages in a variety of public service and public policy activities.
The Firm is active in numerous industry associations, providing support
for activities and providing educational programs and papers. All of
the members of the Firm are active in legal associations devoted to
construction law. From time to time the Firm agrees to take on legislative
initiatives, or spearhead regulatory changes at the state level.
ILLUSTRATIVE
CASES:
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| 1. Legislation
- Participated
in the passage of the North Carolina statute limiting the scope
and effect of indemnity clauses |
| 2. Legislation
- Participated
in the passage of changes to the statutes and regulations for licensing
and registration of fire sprinkler contractors |
| 3. Legislation
- Led
the North Carolina Bar Association Construction Law Section during
its efforts to revise and clarify the North Carolina Mechanic's
Lien Act |
| 4. Legislation
- Worked
as a resource for a task force studying changes to the North Carolina
public procurement laws to authorize design-build project delivery |
| 5. Legislation
- Worked
for revisions to the statutes governing licensing and registration
of engineers involved in plan review and quality assurance for modular
and manufactured buildings |
| 6. Local
legislation -
Assisted a local government with an initiative for approval of special
project delivery system |
| 7. White
paper - Drafted
model design-build public procurement code for state and local government
for an industry council |
| 8. Licensing
and registration -
Serve as special counsel to a licensing board for disciplinary matters |
| 9. Licensing
and registration -
Assisted an industry association with an accreditation program |
| 10. Disparity
studies - Served
as legal consultant to prime contractor for M/WBE disparity studies
for both NCDOT and the NC Department of Administration |
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