NORTH CAROLINA’S TOP 10 CONSTRUCTION LAW PRACTICES
WALL TEMPLETON & HALDRUP:
Solid experience and leadership
define construction law priorities
North Carolina Construction News special feature
It is easy to see why Wall Templeton has become one
of the Top 10 construction law practices in the Carolinas.
However, it is more challenging to single out a single
lawyer for recognition because the practice’s strength is
reflected in the achievements of several exceptionally
qualified lawyers specializing in construction law.
We invited a practice spokesperson to provide further
details, and she responded with the observation that
“our attorneys have consistently been recognized by
their peers as being elite and taking leadership positions
in the field.”
Among other recognitions, here are some highlights:
Morgan Templeton: Best Lawyers in America since
2011; Charleston, SC’s 2017 “Lawyer of the Year”. He is
a member of the American Board of Trial Advocates.
Graham P. Powell: 2018 Charleston Business Maga-
zine’s Legal Elite, also designated in the Best Lawyers in
America for 2018-2019.
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Wall Templeton & Haldrup, P.A.
1001 Wade Avenue, Suite 423
Post Office Box 10937
Raleigh, North Carolina 27605
Phone: 919-865-9500
www.WallTempleton.com 12 — Fall 2018 — The North Carolina Construction News
Keith Coltrain: 2013 recipient of the Carolinas Associ-
ated General Contractors (CAGC) Build With the Best Pin-
nacle Award; 2013-2014 chair of the Construction Law
Section of the NC Bar Association, current co-chair of the
NC Bar Association Construction Law Section/CAGC
Joint Committee; Business North Carolina’s Legal Elite –
2012-2018; Best Lawyers in America – 2013-2018.
Neil Haldrup: Testimony before the South Carolina
General Assembly on statute of repose revisions, which
resulted in the statute of repose being reduced from 13
to eight years, as well as on proposed changes to the
mechanics’ lien laws. He has also been listed in The Best
Lawyers of America since 2015.
William Silverman: Former chair of the Construction
Practice Group for the North Carolina Association of De-
fence Attorneys and listed in NC’s Legal Elite for 2014
and 2016.
Trey Watkins: Past-president of the SC Defence Trial
Attorneys Association’s Young Lawyers.
Without singling out specific lawyers, the spokesper-
son offered some basic observations about the practice.
“We are experienced, responsive and develop client-
driven results,” she said. “When our clients face a prob-
lem, we are available to listen and respond to their
needs. We use our considerable experience to identify
the risks and propose solutions and we keep our clients
updated and involved until the problem is resolved.”
“We focus on understanding the client’s particular
needs and desires and then we plan a course of action
that will best satisfy the client. We are ready to resolve a
problem without lengthy, costly and uncertain litigation
but are always ready to go to court if the client wants to
establish a reputation of winning.”
“In short, when clients have a problem, we use our ex-
perience to create a timely and client-driven solution.”
Wall Templeton focuses primarily on dispute resolu-
tion - “whether it be payment issues, delays, construc-
tion defects or product failures,” the practice says.
“Several of our attorneys, however, also handle a sub-
stantial amount of front-end work in negotiating contacts
and advising clients with regard to risk management.”
The practice represents contractors, subcontractors,
sureties, insurance companies and, on occasion, own-
ers, designers and suppliers.
For more information,
see https://www.walltempleton.com.
YOUNG MOORE AND HENDERSON ATTORNEYS
Jay Tobin and Bob deRosset focus on knowing clients
and construction industry in resolving legal challenges
North Carolina Construction News special feature
Construction lawyers Jay Tobin and Bob deRosset
from Young Moore and Henderson in Raleigh say they ap-
preciate the importance of knowing their clients and the
industry in resolving a diversity of legal challenges.
Both believe that new alternative dispute resolution
approaches could help to reduce litigation costs and
achieve better results, but neither is afraid to fight hard
for their clients and try cases when necessary.
deRosset focuses primarily in construction, business,
and product liability law. He finds satisfaction in working
with clients who build and create real things. “So much
time in the legal world, we work with documents and ab-
stract ideas,” he says. “I enjoy the opportunity to see
ideas become physical objects in the real world, and to
be part of that process.”
He understands the importance of industry relation-
ships, and the fact that often contractors “simply don’t
have a choice about what they sign or agree to,” but says
if they can understand the legal implications of their con-
tracts, “they can make a better decision about whether to
proceed or not.”
As an example, often contractors engage in joint ven-
tures to “pool resources to take on large projects, miti-
gate risk, and do things they couldn’t ordinarily do on
their own.” But it is important to ensure the joint venture
relationship doesn’t saddle a participant with problems
from a partner gone bad.
In at least one case, deRosset was able to pursue his
client’s claim against all parties to a joint venture and take
advantage of the joint venture relationship to pursue the
party with the deepest pockets, even though that party
erroneously believed it could not be liable for the out-
come of the project.
deRosset is also part of an effort to introduce collabo-
rative law to the construction industry in North Carolina.
In collaborative dispute resolution, parties work through
their own legal counsel to “arrive at a solution that is
based on their joint interests in having a resolution, rather
than one party winning or losing.”
This collaborative approach can be ideal for the con-
struction industry, where parties often have an ongoing
relationship and might want or need to work together in
the future, deRsset says.
In the collaborative process, parties agree to share all
relevant and pertinent information “without the necessity
of resorting to the discovery process” and they agree to
consider using joint expert consultants.
At the outset, both sides enter into a written agree-
ment to work in good faith to resolve the dispute without
court intervention. The agreement provides that if the par-
ties cannot work out a solution collaboratively, then they
will find new lawyers to take the matter to court. The
agreement also provides for confidentiality of communi-
cations exchanged during the collaborative process. This
helps ensure that the lawyers and clients have a strong
motivation to negotiate a good faith settlement, and pro-
vides confidence that the initial attempt to work things
out will not be used against them if the matter must pro-
ceed to traditional litigation. Collaborative dispute resolu-
tion can also allow parties to rapidly resolve issues at a
lower cost than traditional litigation.
Jay Tobin says another alternative dispute resolution
model, “rolling mediation,” can also be effective in resolv-
ing disputes.
In this approach, the parties agree at the outset to hire
a mediator who would work as a kind of “special master,”
focusing on expert testimony. The experts for each side
get together to figure out common ground and to try and
narrow the dispute. The goal is to “see if they can come
up with some kind of consensus.”
“If the experts can reach consensus on the cause of
the problem, the parties can be in a better position to fig-
ure out a resolution to the dispute. If the parties can
agree early on, then everyone can agree to a solution be-
fore legal costs spiral out of control.”
However, Tobin says there are times when he believes
clients need to go all the way to trial.
In one case he tried, his client received claims from
20 separate homeowners asserting they experienced
cracking because of blasting operations.
But Tobin knew his client was careful in its practices,
through using seismic studies and planning to avoid any
damage to surrounding structures. When experts in-
spected the houses, they discovered inconsistencies that
proved the cracks did not arise from the blasting. So he
and his client agreed to try one of the 20 claims as a bell-
wether case. They won a total defense verdict, and
ended the threat from the remaining claimants.
Tobin says in 27 years of practice, he has learned that
it is vital to spend time and really know his clients. “You
have to sit down and meet clients in person,” he said. “It
is a mistake to do it all by emails, phone calls, and docu-
ment review.” The in-
person connection
helps Jay ensure im-
portant issues are
not ignored, and it al-
lows him to really
understand the story
behind the litigation.
Bob deRosset can be reached at (919) 861-5099 or by
email at Bob.deRossset@youngmoorelaw.com. Jay Tobin
is at (919) 861-5127 or Jay.Tobin@youngmoorelaw.com
The North Carolina Construction News — Fall 2018 — 13