FN-2188852 MN-2188852 LN-2188852, Esq.
Attorney, Arbitrator, Mediator
Greensboro, North Carolina
Fox Rothschild LLP - Partner
Attorney, Arbitrator, Mediator
Partner, Fox Rothschild LLP, 2018 - Present; Partner, Smith Moore Leatherwood LLP (and predecessor firms), 1998 - 2018; Adjunct Professor, Elon University School of Law, 2010 - 2018; Major, United States Marine Corps and United States Marine Corps Reserve, 1988 - 2002.
Practiced construction law since 1998, including dispute resolution, project advisory, and transactional matters. Representative disputes include claims relating to scope of work, delay, professional negligence, contract interpretation, indemnification, cost escalation, construction/design defect, liens, bonds, payments and others. Has represented all major stakeholders in commercial construction, including owners, construction lenders, general contractors, subcontractors, suppliers, architects/engineers/surveyors, and sureties. Experience includes commercial and residential construction for public (North Carolina/local) and private projects.
As a member of the AGC’s joint committee with the North Carolina Bar Association’s Construction Section, has participated in drafting multiple bills for consideration by the North Carolina General Assembly, including N.C. Gen. Stat. § 22B-1 (2019).
Practiced commercial litigation since 1998. Representative disputes include contract interpretation/enforcement, commercial and residential real estate, landlord-tenant, sales, lending, secured transactions, corporate governance/dissolution, and collections/judgment enforcement. Has served as a court-appointed referee in a partnership dissolution dispute.
Has handled professional negligence and errors and omissions matters involving attorneys, architects, engineers, surveyors, and real estate brokers. Additionally, handled disciplinary matters involving general contractors, real estate brokers, and title insurers. Has litigated and mediated disputes involving fiduciaries, trusts and estates.
After completing undergraduate work in 1988, accepted a regular commission in the U.S. Marine Corps. Served as an artillery fire direction officer and platoon commander during combat operations in the first Persian Gulf War (1990-1991). Reassigned to Marine Corps Recruit Depot, Parris Island, South Carolina, in 1992. Left active duty in 1995 to attend law school, but continued in the Marine Corps Reserve as an artillery officer until 2004.
Before entering the Marine Corps, worked part-time as a computer programmer. Currently programming and building personal computers and networks are avocations. Skilled in handling electronically stored information, data processing and storage systems, and managing electronic discovery.
As a member of the AGC’s joint committee with the North Carolina Bar Association’s Construction Section, has participated in drafting multiple bills for consideration by the North Carolina General Assembly, including N.C. Gen. Stat. § 22B-1 (2019).
Practiced commercial litigation since 1998. Representative disputes include contract interpretation/enforcement, commercial and residential real estate, landlord-tenant, sales, lending, secured transactions, corporate governance/dissolution, and collections/judgment enforcement. Has served as a court-appointed referee in a partnership dissolution dispute.
Has handled professional negligence and errors and omissions matters involving attorneys, architects, engineers, surveyors, and real estate brokers. Additionally, handled disciplinary matters involving general contractors, real estate brokers, and title insurers. Has litigated and mediated disputes involving fiduciaries, trusts and estates.
After completing undergraduate work in 1988, accepted a regular commission in the U.S. Marine Corps. Served as an artillery fire direction officer and platoon commander during combat operations in the first Persian Gulf War (1990-1991). Reassigned to Marine Corps Recruit Depot, Parris Island, South Carolina, in 1992. Left active duty in 1995 to attend law school, but continued in the Marine Corps Reserve as an artillery officer until 2004.
Before entering the Marine Corps, worked part-time as a computer programmer. Currently programming and building personal computers and networks are avocations. Skilled in handling electronically stored information, data processing and storage systems, and managing electronic discovery.
Since certification as superior court mediator in North Carolina in 2014, has mediated more than 50 matters. Most matters have involved commercial and residential construction, real estate, contract interpretation and enforcement (common law and sales contracts), and trust and estate matters.
Mediation is the art of the possible. Good mediators give parties the opportunity to learn their opponents’ actual willingness to compromise a dispute and to evaluate with a neutral possible outcomes if litigation or arbitration continues after the mediation. A good mediator accomplishes this by (a) preparing before the settlement conference (reading documents and pleadings, speaking to counsel for each party privately, and reviewing applicable law), (b) providing a neutral assessments of the strengths and weaknesses of each party’s case, and (c) pushing each party to present its best offer so that opposing parties have the opportunity to make an informed business decision about whether to resolve the case or to continue litigation or arbitration.
University of Virginia (JD-1998); University of South Carolina (BA, History, magna cum laude, with Honors-1988).
Admitted to the Bar: North Carolina (1998); US Court of Appeals: 4th Circuit; US Supreme Court.
North Carolina Federal and Bankruptcy Courts; Certified North Carolina Superior Court Mediator (2014).
North Carolina Federal and Bankruptcy Courts; Certified North Carolina Superior Court Mediator (2014).
American Bar Association (Forum on Construction Law); North Carolina Bar Association (Construction Section, Dispute Resolution Section); Guilford Inn of Court; North Carolina Collaborative Law Association; Associated General Contractors.
Recent speaking engagements:
“Advanced Construction Contracting” continuing education course for NC Licensing Board for General Contractors (2020-21); “More Limits on Risk-Shifting: Understanding the 2019 Changes to North Carolina’s Anti-Indemnification Statute,” (NCBA Construction Section 2020); “Finding Win-Win Solutions: Successfully Anticipating and Allocating Risks in Owner Agreements” (ABAFCL 2018); “The Accidental Construction Lawyer” (NCBA Real Property Section 2018); “Changing the Changes: Coming to an Agreement Between an Owner and General Contractor When Using the AIA Documents,” (NCBA Construction Section 2018); and “Using Referees or Special Masters as Alternatives to Arbitration Clauses” (ACC 2015).
Recent Articles and Treatises:
Co-managing editor of AGC’s “50 State Law Matrix.” Author of Practical Law’s “Mechanic’s Liens in Practice” for NC (Contractor and Subcontractor Rights). Co-author of “Anticipating and Allocating Risks in the 2017 AIA Owner-Contractor Agreement,” (The Construction Lawyer, Vol. 39, No. 4, Fall 2019).
“Advanced Construction Contracting” continuing education course for NC Licensing Board for General Contractors (2020-21); “More Limits on Risk-Shifting: Understanding the 2019 Changes to North Carolina’s Anti-Indemnification Statute,” (NCBA Construction Section 2020); “Finding Win-Win Solutions: Successfully Anticipating and Allocating Risks in Owner Agreements” (ABAFCL 2018); “The Accidental Construction Lawyer” (NCBA Real Property Section 2018); “Changing the Changes: Coming to an Agreement Between an Owner and General Contractor When Using the AIA Documents,” (NCBA Construction Section 2018); and “Using Referees or Special Masters as Alternatives to Arbitration Clauses” (ACC 2015).
Recent Articles and Treatises:
Co-managing editor of AGC’s “50 State Law Matrix.” Author of Practical Law’s “Mechanic’s Liens in Practice” for NC (Contractor and Subcontractor Rights). Co-author of “Anticipating and Allocating Risks in the 2017 AIA Owner-Contractor Agreement,” (The Construction Lawyer, Vol. 39, No. 4, Fall 2019).
$500 Per Hour
English
United States of America
Greensboro, NC
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
