W. James Johnson

James Johnson is a principal with the firm and focuses his practice on construction law and general civil litigation. James handles a wide variety of litigation matters in North Carolina and South Carolina state and federal courts, including contract disputes, property litigation, construction and design defect claims, product defects, collection matters, and business torts and claims. James has tried numerous jury trials, as well as bench trials and arbitration proceedings, and has practiced before the North Carolina and South Carolina Courts of Appeals.

In his construction practice, James heads up the Construction Law Group at Van Winkle and focuses his practice on the representation of contractors,  design professionals, owners and developers in construction matters, contract negotiations, business disputes, and licensing and insurance matters. James speaks regularly to designers and contractors in the construction industry and continuing education seminars.

James joined the Asheville office in September of 2002 and was promoted to a new principal in 2008. He graduated with honors from the University of South Carolina School of Law in 2000 and clerked with the Honorable James R. Barber through August of 2001. While attending law school, James was admitted to the Order of the Wig & Robe and was a published member of the South Carolina Law Review. In 2001, James joined the firm of McCutchen, Blanton, Johnson & Barnette in Columbia, South Carolina, where he handled a variety of civil matters, including class action litigation.

Practice Highlights

• James obtained a verdict of $8.7 million in a jury trial in Buncombe County, in a case concerning a dispute over the sale of an aircraft.
• James obtained a directed verdict for engineer of record in a professional malpractice case with claims exceeding $1 million in damages. The verdict was upheld on appeal to the North Carolina Court of Appeals.
• James obtained summary judgment for an engineer of record who was sued by anowner in a $900,000 claim.
• James obtained a verdict after a four-week jury trial in Henderson County Superior Court in favor of Henderson County homeowners in excess of $2.4 million, including actual and punitive damages, for defective construction and fraud.
• James obtained summary judgment on behalf of an engineer of record in a wrongful death claim, where alleged damages exceeded $2 million.
• James participated in a shareholder oppression bench trial in South Carolina which favorably resolved in the second week of trial.
• James tried a fraud and breach of fiduciary duty case to a jury verdict in Henderson County in excess of $100,000.

Professional Affiliations

• Construction Surety Group
• 28^th Judicial District Bar
• Carolinas AGC (Associated General Contractors of America)
• North Carolina Bar Association
  • Construction Law Section
    • Member, NC Council to the Construction Law Section
• Asheville AIA
• Richland County Bar Association
• South Carolina Bar Association
• Construction Professional Network

Recognitions

• South Carolina Law Review
  • Published Member
• 2011-2012 Super Lawyers “Rising Star”
• Member, Harry C. Martin American Inns of Court

Publications

• North Carolina Construction Law Desk Book, published by the North Carolina Bar Association, 2010 – Participating author

James’s travels around the world have led him on many adventures. Among his most exciting have been running with the bulls in Pamplona, Spain, and driving a pickup truck from Texas to Guatemala and back in three months. A native of Columbia, S.C. James is married to Tricia Tiller Johnson. They have two children, Tiller and Mack.

Favorite Foods: Spanish paella, huevos rancheros, barbecue

Favorite Music: Old-time string band, old country, bluegrass, newgrass, blues

Favorite Book: “Lonesome Dove” by Larry McMurtry

Favorite Movie: Anything from the Coen Brothers

Last Place Visited: Jamaica

Where He’d Like to Travel: Spain

Passions in Life: Playing music, biking, hiking, running and his dogs

Guilty Pleasures: John Grisham novels