Attorney

Partner, Conner Gwyn Schenck PLLC, 1999 - Present; Partner, Patton Boggs LLP, 1988 – 1999; President, National Institute of Construction Law Inc., 1980 – 1998; Associate (1982 – 1986)/Partner, Foster Conner Robson & Gumbiner P.A., 1982 – 1988.

Over 35 years' experience as a construction lawyer. Ninety (90%) of practice is in construction law, primarily representing general contractors and some subcontractors, specialty contractors, owners, developers, and public agencies involving public and private commercial, heavy/highway, industrial, institutional, residential, and environmental projects, valued from $50,000 to $100 million.

Served as a mediator in: 50+ state and local construction contract disputes between contractors; 20+ construction contract disputes between owner and contractor; 30+ commercial construction contract disputes; 20+ defective construction cases in heavy construction, institutional construction, commercial construction and residential construction; miscellaneous other cases involving employment contracts, real estate contracts, commercial sales, land use disputes, and torts.

All construction contract disputes, including among others: payment disputes, change order and scope disputes, unforeseen conditions claims, delay claims, acceleration and mismanagement claims; non-conforming work claims, professional negligence claims, and claims for property damage by adjoining landowners. Defective construction cases have involved water infiltration, structural failures, retaining wall failures and pavement failures. Various commercial and real estate disputes, including breach of lease agreements, breach of sales contracts, and breach of loan contracts. Employment contract disputes have included wrongful termination, commission disputes, and breach of non-compete clauses. Tort cases have involved premises liability and automobile liability cases.

I consider it my job to keep a conference going until the parties either reach a written settlement, or I perceive that every proposal that either party wishes to make has been revealed and communicated to the other party or parties. Ideally I get the parties to share all of the issues with me, before spending a lot of time trying to determine which issue is most important, so that I can form my own opinions about which issues require the most attention. I try not to impose my opinions or recommendations on the parties, but I do urge them to objectively evaluate their alternatives to a negotiated settlement, and to seriously consider every option presented by the other parties in the conference. My main objective in every conference is to get the parties to articulate alternatives to litigation, and make settlement proposals. To succeed, I believe that I have to be a good listener and a good questioner, and I have tried to cultivate that behavior. To succeed, I have to get the parties to engage in a dialogue about the issues and the alternatives to litigation, and I try to foster and facilitate that dialogue.

University of North Carolina at Chapel Hill (JD-1982; BA, History-1976); Duke University (MA, Public Policy-1982).

Admitted to the Bar: North Carolina, 1982; U.S. District Court: Eastern, Middle and Western District Courts of North Carolina; U.S. Court of Appeals: Fourth Circuit, 1984. North Carolina Licensed Real Estate Broker, 1978 (inactive).

American College of Construction Lawyers (Board member); American Bar Association (Forum on the Construction Industry, Governing Committee, Chair; Division 4 Steering Committee); North Carolina Bar Association (Construction Law Section, Past Chair; Newsletter Editor; Past Board of Governors; Strategic Planning and Emerging Trends Committee; Communications Committee, Chair; Technology Committee); Greensboro Bar Association (Director); Wake County Bar Association; Construction Professionals Network of NC (past president and board member).

Panelist, "Sticky Issues in Arbitration," NC/SC Joint Construction Law Program, 2017; Moderator, "The Relationship Between In-house and Outside Counsel: A Match Made in Heaven?" American Bar Association Forum on Construction Law, Annual Meeting, 2017; Co-author, NORTH CAROLINA CONSTRUCTION LAW TREATISE, Thomson Reuters, 2015-2016 ed.; Co-author, “Liability for Construction Defects That Result From Multiple Causes,” 9 Journal of American College of Construction Lawyers 1, Winter, 2015; Panelist, “The Advanced Ideal: Best Practices For Promoting Efficiency and Economy in Arbitration,” American Bar Association Forum on the Construction Industry Midwinter Meeting, 2014; Panelist, “Construction Contracting Primer,” County Attorneys’ Winter Conference, University of North Carolina at Chapel Hill School of Government, 2012; Contributing Author (1997, 2000, 2004, and 2010 editions, Introduction and North Carolina section), and Editor (2004 and 2010 editions), THE DESIGN/BUILD DESKBOOK: A BLUEPRINT FOR DESIGN-BUILD PROCUREMENT ACROSS THE UNITED STATES AND CANADA, ABA Book Publishing, 1997; 2000; 2004; 2010; Panelist, “Best Practices in Public Bidding of CM At Risk Contracts,” North Carolina State Construction Conference, North Carolina State Construction Office, 2006; Co-author or contributing author: FINAL REPORT ON DESIGN/BUILD AS AN ALTERNATIVE CONSTRUCTION DELIVERY METHOD FOR PUBLIC OWNERS, Building Futures Council, 1995; Presenter, North Carolina Bar Association, Construction Law Section Annual Meetings, Case Law Update, 1991-2007; CONSTRUCTION INDUSTRY FORMS, Construction Management Section, Wiley Publications, 1988; "North Carolina Construction Law Survey II," WAKE FOREST LAW REVIEW, 1987; "North Carolina Construction Law Survey," WAKE FOREST LAW REVIEW, 1986; "Termination for Convenience," CONSTRUCTION LAW ADVISER, September 1986; CONSTRUCTION AND DESIGN LAW, Michie Co.; "Contracts that Violate Law or Public Policy," CONSTRUCTION LAW ADVISER, July 1985; "Impossibility, Impracticability and Frustration of Purpose," CONSTRUCTION LAW ADVISER, August 1985.

Willing to serve without travel cost within 100 miles of Raleigh, NC.

$395 Per Hour

English

United States of America

Raleigh, NC