Van Winkle's construction law experts have accumulated years of combined experience handling all legal aspects of the construction industry. The practical experience and solution-oriented philosophy of the firm add real value to resolving the daily issues clients face. Where disputes arise, the team has extensive experience representing owners, architects, engineers, construction managers, contractors, subcontractors and suppliers in hundreds of construction disputes. The firm is experienced in mediation, arbitration and litigation of construction law matters in state and federal courts.

Construction Law & Legal Issues - Types of Work

• Entity formation
• Professional licensure
• Project procurement
• Project planning, zoning and permitting
• Drafting and negotiating construction and design agreements
• Drafting and negotiating subcontractor and sub-consultant agreements
• Project insurance and bonding
• Risk management
• Mechanic’s lien and bond claims
• Mediating, arbitrating and litigating a variety of construction claims including:
  • Construction defects
  • Mold and water claims
  • Design defects
  • Breach of contracts
  • Delay claims
  • Intellectual property
  • Personal injury
  • Lien and bond suits
• Licensing Board inquiries, investigations and complaints
• State Department of Transportation claims
• Bankruptcies
• Insurance coverage actions

Representative Work

• Represented highway contractor in $10 million lawsuit against North Carolina Department of Transportation, recovering $5.2 million.
• Represented defendant contractor and surety in $4.5 million contract litigation initiated by subcontractor of a highway project. Case successfully resolved for small payment beyond retainage.
• Defended engineering firm against contractor’s claim for professional negligence for an excess of $900K in damages. The firm obtained a directed verdict on behalf of engineer which was upheld by North Carolina Court of Appeals.
• Represented a primary defendant in $28 million litigation arising out of the construction of a hotel. Successfully negotiated settlement of under $1 million through a multi-week mediation.
• Obtained summary judgment on behalf of project engineer in sinkhole and property damage case against owner’s claims in excess of $800,000.

Memberships

• Association of General Contractors
• Construction Section of North Carolina Bar Association
• Construction Section of American Bar Association
• Construction Professional Network

The firm periodically provides Construction Law Updates to our construction industry clients. To sign up to receive these materials, please call or email Diane Hanson in the Asheville office at 828.258.2991 or dhanson@vwlawfirm.com.