A. HOLT GWYN

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Holt Gwyn is a native North Carolinian living in Greensboro. He has been practicing law since 1976, as a trial lawyer. His trial experience began as a federal prosecutor in the Office of the United States Attorney, Middle District of North Carolina. From 1976-80, he prosecuted white-collar fraud, securities and environmental violations, and condemned land for U.S. Army Corps of Engineers projects. His practice today is concentrated in construction, environmental, white-collar criminal defense and employment disputes for private industry clients. Mr. Gwyn is the author of more than two dozen articles on construction and environmental topics and he lectures frequently to bar and industry groups. Mr. Gwyn has extensive experience in alternative dispute resolution "ADR" procedures. He is a member of the Large Complex Case Program (LCCP) Panel of Arbitrators and the Construction Master Panel for the American Arbitration Association, and is one of five mediators recently selected by the American Arbitration Association for its Carolinas Construction Mediation Panel.

EDUCATION

Mr. Gwyn received his A.B. degree from the University of North Carolina at Chapel Hill in 1971. He received his J.D. from Wake Forest University School of Law in 1976, where he wrote for the Wake Forest University Law Review.

EMPLOYMENT EXPERIENCE

After serving in the Office of the U.S. Attorney from 1976-80, Mr. Gwyn joined the private law firm of Falk, Carruthers & Roth in Greensboro, where he became the firm's litigation partner. In 1986, he joined Foster Conner Robson & Gumbiner PA as a partner. In 1988, Foster Conner merged with Patton Boggs, a Washington, DC firm known for its governmental affairs practice. The Foster Conner partners opened Patton Boggs' North Carolina office. Mr. Gwyn continued with Patton Boggs as a partner until he left to form Conner Gwyn Schenck PLLC in 1999.

COURT ADMISSIONS

Mr. Gwyn has been a member of the North Carolina State Bar since 1976. He is admitted to the United States Supreme Court, the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals for the DC Circuit, and the United States District Courts for the Eastern, Middle and Western Districts of North Carolina.

PROFESSIONAL ACTIVITIES AND AFFILIATIONS

Mr. Gwyn has been extremely active in the construction law bar. He is a Fellow in the American College of Construction Lawyers and has served on its Board of Governors. He was elected to Chair of the American Bar Association's Forum on the Construction Industry for 1999 to 2000 – the only North Carolinian to have been so honored – and was on its Governing Committee from 1995 to 2001. He chaired the Forum's Legislation and Environment Division from 1988 to 1993. He was a member of the Procurement Fraud Committee of the Public Contracts Section of the ABA from 1991 to 1994. Mr. Gwyn was a charter member of the Construction Law Section of the North Carolina Bar Association, and is a member of the Greensboro Bar Association. Mr. Gwyn has also been active professionally in environmental matters. From 1996 to 2004, Mr. Gwyn was appointed as a Charter Trustee of North Carolina's Clean Water Management Trust Fund, a state agency which dispenses $40-$60 million each year in water quality grants.

Mr. Gwyn is certified as a Superior Court Mediator by the Dispute Resolution Commission of the State of North Carolina. He is on the list of approved mediators and arbitrators for the United States District Courts for the three districts of North Carolina. He is one of five mediators on the Carolinas Construction Mediation Panel of the American Arbitration Association. He is also on AAA's construction and environmental arbitrator panels.

Mr. Gwyn serves as General Counsel to the American Fire Sprinkler Association, Carolinas Chapter, and special legislative counsel to the national AFSA. Mr. Gwyn also serves as General Counsel to the Wood Truss Council of America,
North Carolina and Capital Area Chapters.

Mr. Gwyn is very active in community and public affairs, having served on the following local boards and commissions: Charter Member, Board of Directors, Downtown Greensboro Incorporated (1996 – 2005); Chairman, Guilford County Advisory Board for Environmental Quality (1966 – 1998; Vice-Chairman 1995-96; member 1992 – 1998); President, Preservation Greensboro Incorporated (1998-2000; Member, Board of Directors, 1992 – 2001); Co-Chairman, Governmental Affairs Council, Greensboro Area Chamber of Commerce (1993 – 1996); Member, Board of Directors, Greensboro Area Chamber of Commerce (1995 – 1997);  Member, Board of Trustees, John Motley Morehead Memorial Commission (2001 – present);  Member, Board of Directors, Greensboro Historical Museum (2000 – present);  Member, Board of Directors, Green Hill Center for North Carolina Art (2001 – 2006); Member, North Carolina Stormwater Advisory Committee (1992 – 1994); Member, Board of Directors, Eastern Music Festival, Inc. (1994 – 1998) Member, Board of Directors, Fisher Park Association (1993 – 1997); Member, Board of Directors, Greensboro Symphony Orchestra (2003 – present); Member, Rotary Club of Greensboro (1993 - present) Member, Volunteers to the Court, First Offender's Program, Guilford County (1980 - 1991).

PUBLICATIONS

The following is a list of some of the books and articles that Mr. Gwyn has authored or co-authored over the years. Please contact him if you are interested in receiving more information about any of these publications:

Co-author, Construction Damages And Remedies, ABA Book Publishing, 2004

Co-author, State Public Construction Law Source Book - North Carolina (CCH 2002)

Contributing Editor, ABA's Quarterly Law Journal, The Construction Lawyer, (1990 - 1997)

Editorial Board, Construction and Design Law Digest (1986 - 1997)

Co-author, “Fifty-State Survey of Anti-Indemnity Statutes and Related Case Law,” The Construction Lawyer, Vol. 23, No. 3, 2003

Co-author, "Statues of Repose,” The Construction Lawyer, Vol. 21, No. 3, 2001.

Author, "A Comparison of the Major International Arbitration Rules,” The Construction Lawyer, Vol. 19, No. 3, 1999

Author, "Contractor and Subcontractor Payment Statutes - Public and Private Projects,” The Construction Lawyer, Vol. 16, No. 1, 1996, updating AH Gwyn's earlier article at Vol. 10, No.3, 1990

Author, "Apportionment of Liquidated Damages In Cases of Concurrent Delay,” Construction Law Advisor, 1991

Author, "Response to Environmental Releases - Limitations on Liability,” The Construction Lawyer, Vol. 10, No. 4, 1990

Co-author, "Promissory Estoppel: The Rules of Offer and Acceptance,” The Construction Lawyer, 1991

Co-author, Construction and Design Law (5-volume treatise), The Michie Company, 1991

Co-author, Construction Claims, American Institute of Certified Public Accountants, 1988

Author, "Reconciling Conflicts in Design Documents,” Construction Law Advisor, 1986

Author, "The Use of Amortization as a Zoning Control Tool in North Carolina,” Wake Forest Law Review, Vol. 11, No. 5, 1975

SPEECHES, PANEL DISCUSSIONS AND SEMINARS

Mr. Gwyn regularly donates time to speak to industry and construction law groups. The following is a list of some of the programs Mr. Gwyn has been involved with since 1987. Please contact him if you have any questions about these programs.

"What the Public Sector Has to Know About ADR" The Public Construction Superconference, Dec. 2001, Sheraton Palace Hotel, San Francisco, CA.

"Expert Witnesses - Selection and Ethical Preparation," ABA Annual Meeting, Section of Litigation, July 2000, Plaza Hotel, New York, NY.

"How Government Will Affect Your Business, Today and Tomorrow," American Fire Sprinkler Association National Convention, September 2000, Phoenix, AZ.

"Fragmented Design: Risk and Opportunity," American Fire Sprinkler Association, Carolinas Chapter Annual Meeting, April 2000.

"Mastering Mediation: Making the Process Work for You," Associated General Contractors of America, Mid-Year Meeting, September 1998.

"Legal Aspects of Truss System Design," Design of Metal Plate-Connected Wood Truss Systems, Virginia Polytechnic Institute, Blacksburg, VA, 1997 and 1998.

"The 1997 A201: Understanding the Revised General Conditions," District of Columbia Building Industry Association, Washington, D.C., January 1998.

"Ten Myths About Mediation," 37th Annual Meeting of Invited Attorneys, New Orleans, LA 1998.

"Environmental Construction: Market Or Minefield?" Program Chair, American Bar Association Construction Forum and Tort and Insurance Section Joint Mid-Winter Seminar, New York, NY 1994.

"Construction Lawyers and Their Clients - Overcoming the Love/Hate Syndrome," Construction Superconference, San Francisco, CA 1994.

"Protecting the Owner and CM in Construction Management Contracting," Construction Superconference, San Francisco, CA 1992.

"EPA's New Regulations Governing Stormwater Runoff," American Bar Association, Forum on the Construction Industry, Annual Meeting, Seattle, WA 1992.

"Emerging Issues in Fire Protection Design Responsibility," NCSU School of Engineering Symposium, 1988; Repeated at the American Fire Sprinkler Association, Annual Meeting, Hilton Head, SC 1989.

"The Federal Construction Safety and Health Act," American Bar Association Forum on the Construction Industry Annual Meeting, New Orleans, LA 1989.

"Protecting and Enforcing the Subcontractor's Right To Be Paid," Virginia Law Foundation, Virginia State Bar, Charlottesville, VA 1988.

"Failsafe Mechanisms for Professional Engineers," Professional Engineers of North Carolina, Raleigh, North Carolina 1987.