Mediator Resume

Construction lawyer and advocate since 1998, including contracting, project counseling, and litigation / arbitration of construction disputes. Frequently serves as project counsel, advising owners and contractors on contract negotiation and risk allocation. Ranked by Chambers USA in Construction ADR in North Carolina. Experienced with both commercial construction and EPC contracting and disputes. In addition to construction, frequently handles real estate title, leasing, and development disputes, as well as general commercial matters involving contracts, secured transactions, and other commercial matters.

Fox Rothschild LLP - Partner, Co-Chair Litigation Department

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 well as infrastructure projects and engineering construction and procurement (EPC) projects. EPC experience includes renewable energy projects, such as solar, wind, and biofuel power facilities. 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) [NC Anti-indemnity statute], N.C. Gen. Stat. § 22B-5 (2022) [Limitations on predatory lien waivers], and N.C. Gen. Stat. § 44A-35(2022) [amendments to attorneys' fee shifting statute for lien claims]. 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 100 matters as the mediator, and hundreds more as an advocate. Most matters involved commercial and residential construction, real estate, contract interpretation and enforcement (common law and sales contracts), and trust and estate matters.

Civil suits involving construction and EPC contracts (including scope, delay, termination, contract interpretation), and other matters, commercial sales and common law contracts, secured transactions, real estate boundary and title disputes, trusts and estates, will caveats, zoning, development, and other 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 possible outcomes with a neutral 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) discussing the merits of each party’s case with counsel in private conferences before the mediation, and (c) pushing each party to present its best offer at the mediation 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.

Strong technology skills including responsible use of AI large language models, eDiscovery systems and collection, metadata, networking, and computer hardware. Early employment experience included object-oriented programming using C++, Pascal, BASIC, and other programming languages for various commercial and personal applications.

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). Has appeared pro hac vice in various state and federal courts in other states.

American College of Construction Lawyers, Construction Lawyers Society of America, American Bar Association (Forum on Construction Law); North Carolina Bar Association (Construction Section, Dispute Resolution Section); 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).

Within 50 miles of Greensboro, North Carolina.

Hourly Rate: $675.00 Daily Rate: Not provided Study Rate: $675.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Greensboro, North Carolina