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Areas of
Practice
Litigation, Construction Law (public and private),
Alternative Dispute Resolution (mediation and arbitration), Commercial Law,
Professional Liability
Education
J.D., University of North Carolina,
1969
B.S.,
University of North Carolina, 1966
Profile
John
represent
lenders, owners, general contractors, architects and engineers,
subcontractors, suppliers and manufacturers involving public and private
projects (commercial, institutional, industrial) ranging in value from
$50,000 to $50,000,000. He also handles disputes relating to change orders, delays,
surety bond claims and mechanics’ lien issues. In addition, John
represents vendors and users in connection with the
procurement of computer hardware and software.
John is a
certified mediator and devotes a significant amount of his practice to
helping litigants resolve their cases through mediation.
He has been on the American Arbitration
Association's panel of arbitrators since 1988 and certified as a “Master
Arbitrator” by the American Arbitration Association.
John is a
guest lecturer at N. C. State University and speaker on construction law
topics at seminars sponsored by the North Carolina Bar Association and the
Wake Forest Continuing Legal Education Programs.
Recent Cases of Note
City of Gastonia v. Balfour Beatty Construction
Corporation, Inc., American Home Assurance Company and Federal Insurance
Company, 222 F. Supp. 2d 771 (U.S. Dist. 2002)
- Obtained favorable settlement for Owner against
Contractor for the recovery due to delay and defective work on a project
for the expansion of a waste-water treatment plant.
United States Fidelity & Guaranty Company v.
City of Raleigh, 93 N.C. App. 159, S.E.2d 768 (N.C. App. 1989)
- Defended a Municipality against claim of Surety
that its surety bonds had been improperly rejected.
Tara of North Hills, Debtor, Pioneer Savings Bank,
Incorporated, and David W. Boone, Trustee In Bankruptcy for Tara of
North Hills, V. Barney K. Huang; Lindy W. Huang, 896 F.2d 547 (U.S.
App. 1990)
- Obtained summary judgment on behalf of Bank against
claims of Owner that it had improperly foreclosed on apartment project.
Raynor Steel Erection v. York Construction Company
and The Atlantic States Bankcard Properties Corporation, 83 N.C. App.
654, 351 S.E.2d 136 (N.C. App. 1986)
- Successfully represented Steel Erector against
Contractor’s claims that it improperly braced steel structure that
collapsed during a storm.
Jonathan Garrity, d/b/a Cambridge Hanover Aviation
Parkway Associates, Browning-Ferris Industries, Inc., and
Bobby L. Murray, v. Morrisville Zoning Board of Adjustment, Southport
Business Park, Limited Partnership, and Morrisville Associates, 115 N.C.
App.273, 444 S.E.2d 653 (N.C. App. 1994)
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Successfully represented Owner of property against
adjacent property owner’s challenge of site plan approval for offices
and transfer facility.
Professional/Community Activities
Board of Directors, Wake County Bar Association,
1981 –
1982
Council Member, Construction Law Section, North
Carolina Bar Association
Notable
Accomplishments
Recipient of the Evelyn M. Coman Award for Distinguished
Service in the Field of Construction Law, 2005
Ranked among Law & Politics magazine's
North Carolina “Super Lawyers” (Construction Law), 2006
Ranked among Law & Politics magazine’s Top 100 North
Carolina “Super Lawyers,” 2007 – 2008
2006 Recognized in The Best Lawyers in America®
(Construction Law),
2006 –
2008
Recognized in Business North Carolina
Magazine's "Legal Elite" (Construction Law), 2006
and is listed in the Legal Elite Hall of Fame
Arbitrator and Mediator, American Arbitration Association
Certified Mediator, North Carolina, 1995
Certified as a "Master Arbitrator" by the
American Arbitration Association
Publications
Author, "The North Carolina Revised Arbitration
Act" – Article published by the NCBF, CLE, October 2004
"Deciding to Arbitrate or Litigate,"
Construction Litigation: Strategies and Techniques, 1993
"Subcontracts and Purchase Orders"
– Article
published by Wake Forest CLE
Co-Author, "Liability of the Architect and
Engineer in North Carolina for Professional Negligence"
– published by Lorman Education Services, 1995
Author, "Reimbursable Cost of Cost-Plus Contract"
– Change Order May, 1993, Volume 7, Number 3
Author, "Professional Liability of Architects and
Engineers"
– published by North Carolina Bar Foundation, October, 1990,
CLE program
"Deciding to Arbitrate or Litigate
– Construction
Litigation: Strategies and Techniques"
– Wiley Law Publications, 1993,
cumulative supplement
"Construction Litigation
– Strategies and
Techniques", NCBF CLE, October, 1993
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