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James P. Laurie III

James P. Laurie III

Principal Attorney since July 1, 1999
Adjunct Professor, Corporate Governance & Ethics and Business Law, Strayer University MBA Program
Location:
Raleigh, North Carolina
Phone:
919-256-4455
Fax:
919-256-4466
Email:

Legal Representation:

Represent Business and Construction clients in complex construction litigation, mechanics lien and payment bond claims, and commercial transaction practice including representation of Owners, Developers, General Contractors, Subcontractors, Specialty Trade Contractors, Suppliers, Sureties, Factors, Architects, and Engineers; litigate and arbitrate in North Carolina State and Federal courts and Arbitration proceedings nationwide; litigate government contractor claims before the Federal Contractor Boards of Contract Appeals for the Armed Services (ASBCA) and the Veterans Administration (VABCA); international construction contract and development project review for Middle Eastern, Russian Republic, Canadian, Caribbean, Tribal Sovereign Nation, and United States development projects; contract and subcontract drafting and negotiation; provide North Carolina Lien Agent filings and services; provide regulatory representation, including NCOSHA citation defense and EEOC complaints; construction trades and construction professional license defense before Occupational Licensing Boards, including the North Carolina Licensing Board for General Contractors (NCLBGC), the North Carolina State Board of Examiners of Electrical Contractors (NCBEEC), and the North Carolina State Board of Examiners of Plumbing Heating and Fire Sprinkler Contractors (NCPLUMBING) and Landscape, Engineering and Architecture Boards; advise on commercial development projects; litigate policy holder coverage and insurance suits; escrow and project payment trust administration services; litigate and arbitrate high end residential projects; lecture and publish nationally to trade associations on Construction Law, North Carolina Lien Law Revisions, employment law, and general business issues; counsel services for national Construction Industry trade associations; advise on legislation drafting and lobbying activities; represent a Self Insurance Fund; corporate acquisitions, sale of business and sale of asset transactions, share transfers, shareholder agreements, and incorporation; prepare and present Continuing Legal Education manuscripts and seminars on construction law; serve as court appointed Certified Arbitrator for mandatory arbitration program in Wake County District Court; Arbitrator and Mediator by private appointment; Arbitrator and Mediator for the American Arbitration Association Construction Industry Roster of Neutrals; Certified Federal Mediator; Expert Witness services.

Professional Education & Professional Certifications:

OSHA School, July 1987, Des Plaines, IL

Certified OSHA Instructor in Private Sector Compliance in Safety and Health

Certified Arbitrator, Wake County Courts, since 1996

Certified Federal Mediator, United States District Court, Eastern District of North Carolina

Arbitrator & Mediator, American Arbitration Association Roster of Neutrals, Construction Industry Panel

Professor, Corporate Governance and Legal Ethics & Business Law, Strayer University, MBA Program

Other Professional Activities Prior to Legal Career:

Director of Human Resources/Safety Director in Manufacturing and Interstate Transportation

Testified at IRS Hearing on impacts to private employers of proposed agency rule changes to employee benefit plans, 1987

Crafted Private Employer Hearing Safety Program for Manufacturing adopted by the State of Maryland as a model program for private employers, 1987

Corporate Officer responsible for policy, implementation, and litigation defense involving sexual harassment, racial and sexual discrimination, wage and hour, unemployment, Americans with Disabilities Act (ADA), Age Discrimination in Employment (ADEA), EEOC, reduction in force (RIF), workers compensation, non-competition and confidentiality covenants, employment contracts, employment handbook drafting, OSHA compliance, MSDS and hazardous materials training, safety training, union avoidance, employment litigation claims, and regulatory compliance.

Administrator and ERISA Plan Trustee for self-insured retention Employee Health Insurance Plan

OSHA Compliance Inspections Corporate Officer

Areas of Practice

  • 100% Construction Law

Litigation Percentage

  • 80% of Practice Devoted to Litigation

Bar Admissions

  • North Carolina, 1992
  • Tennessee, 1992
  • District of Columbia, 1993

Education

  • Campbell University Norman Adrian Wiggins School of Law, Buies Creek, North Carolina
    • J.D. - 1992
  • Washington and Lee University, Lexington, Virginia
    • B.A., English, and concentration in East Asian Studies - 1984
  • OSHA School, United States Department of Labor, Des Plaines, Illinois
    • Certified OSHA Instructor, Private Sector Compliance in Safety and Health - July, 1987

Published Works

  • Co-Author of Book Chapter Two, "Negotiation, Drafting Issues, and Strategies", Construction Subcontracting: A Comprehensive Practical and Legal Guide, Forum on Construction Law, American Bar Association, 2014
  • OSHA's Guidance to Field Inspectors for Inspecting Sites with Cranes is "Best Training Ever", SEAA Connector, Steel Erectors Association of America, 2017
  • Legislative White Paper to Fix Pete Wall Case for the American Subcontractors Associaiton of the Carolinas (ASAC), North Carolina General Assembly Lien Law Revision Committee, North Carolina Lien Law Revisions, 2012
  • Public Contract Newsletter, American Bar Association, Fall, 1991
  • Forum on Construction, Case Law Notes, American Bar Association, Spring, 1992
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 1994
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 1995
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 1996
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 1997
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 1998
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 1999
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2000
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2003
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2004
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2006
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2008
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2009
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2011
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2012
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2013
  • Lien and Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2014
  • Lien and Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2015
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 1994
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 1995
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 1996
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 1997
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 1998
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 1999
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2000
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2003
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2004
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2006
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2008
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2009
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2011
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2013
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2014
  • Prompt Pay Laws in the Fifty States, "North Carolina", American Subcontractors Association, 2015
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2008
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2009
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2010
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2011
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2012
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2013
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2014
  • Retainage in the Fifty States, “North Carolina”, American Subcontractors Association, 2015
  • Contingent Payment Clauses in the Fifty States, “North Carolina”, American Subcontractors Association, 2012
  • Indemnity Clauses in the Fifty States, “North Carolina”, American Subcontractors Association, 2009
  • Indemnity Clauses in the Fifty States, “North Carolina”, American Subcontractors Association, 2015
  • Reference Guide to Licensing and Registration Requirements in the Fifty States and the District, "North Carolina", American Subcontractors Association, 1998
  • Reference Guide to Licensing and Registration Requirements in the Fifty States and the District, "North Carolina", American Subcontractors Association, 1999
  • Reference Guide to Licensing and Registration Requirements in the Fifty States and the District, "North Carolina", American Subcontractors Association, 2000
  • Reference Guide to Licensing and Registration Requirements in the Fifty States and the District, "North Carolina", American Subcontractors Association, 2001
  • International Door Association Sample Employment Manual 1995 and Updates, 1995
  • International Door Association Sample Employment Manual 1995 and Updates, 2000
  • A Case for General Contractors, NC Business Leader, September, 2000
  • "North Carolina Lien Law", Business Credit Magazine, National Association of Credit Managers, 2006
  • Construction Payment Remedies in NC, National Business Institute, 2004
  • "Ten Profit Eating Contract Clauses: The Big Print Giveth and the Fine", American Subcontractors Association of the Carolinas, 2004
  • "Employment Law for Contractors: Forget the Myths and Learn the Facts", Metal Building Contractors Association, Stone Mountain, GA, 1999
  • "'No Match' Letters Canned, Rules Postponed, But Feds Will Make Employers Police Workers or Pay Big", The Construction Legal Review, 2007
  • "NC Retainage Reform For Public Projects Effective Jan 1, 2008", The Construction Legal Review, 2007
  • "Sureties Fail to Comply With 45 Day Deadline In AIA A312 Payment Bond And Lose Defenses", American Subcontractors Association Conference, Charleston, March, 2008
  • AIA Recommended Amendments to A312 Payment Bond Soften Surety Obligations, Carolina Subcontractor & DC Metro Area American Subcontractors Association, October & January, 2008
  • Proposed NCLTA Legislation Would Allow Easy Destruction of Subcontractor Lien Rights Mid-Project By The Owner, Carolina Subcontractor, April, 2009
  • Lien Law Revision Committee Final Report is Mixed Bag for Subcontractors and Suppliers, Carolina Subcontractor, April , 2012
  • North Carolina Construction News, Carolina Subcontractor, April , 2012
  • Legal Issues, Frame Building News, November, 1996
  • Small Contractor Corner, Paint & Wallcovering Contractor Magazine, October, 1996
  • Letter of the Law, Door & Operator Industry Magazine, September, 1996
  • Don't Let Your Employment Handbook Become An Employment Contract Unintentionally, Power Source-NC Association of Electrical Contractors Magazine, September, 1996
  • Contractors Be Warned: The Tax Man Cometh, National Utility Contractor Magazine, January, 1995
  • Don't Count On Bond Protection on Public Jobs, Contract Management Magazine, August, 1994
  • Don't Count On Bond Protection on Public Jobs, National Utility Contractor Magazine, October, 1993
  • Employee References Can Get You sued If Not Done Right, National Utility Contractor Magazine, June, 1994
  • Arbitration, Glass Magazine, March, 1994
  • Employee Physicals or Not, Door & Operator Industry Magazine, November, 1993
  • Employee Physicals or Not, Construction in MD, DC, WV, NC Magazine, October, 1993
  • Employee References: Handling Defamation Issues, Glass Magazine, October, 1993
  • Partnering: Touchy Feely Garbage or Effective Business Tool, Walls & Ceilings Magazine, September, 1993
  • Owner Selecting Subcontractor Found Liable, CFMA Building Profits Magazine, December, 1992
  • Owner Selecting Subcontractor Found Liable, Construction in MD, DC, WV, NC Magazine, October, 1993
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2016
  • Lien & Bond Law in the Fifty States, "North Carolina", American Subcontractors Association, 2017

Representative Cases

Representative Clients

  • The Buckner Companies

Classes/Seminars

  • U.S. Regional Conferences (6-8 per year), International Door Association, 1993
  • U.S. Regional Conferences (6-8 per year), International Door Association, 1994
  • U.S. Regional Conferences (6-8 per year), International Door Association, 1995
  • U.S. Regional Conferences (6-8 per year), International Door Association, 1996
  • U.S. Regional Conferences (6-8 per year), International Door Association, 1997
  • U.S. Regional Conferences (6-8 per year), International Door Association, 1998
  • U.S. Regional Conferences (6-8 per year), International Door Association, 1999
  • International Garage Door Exposition and Conference, Las Vegas, NV, 1996
  • International Garage Door Exposition and Conference, Nashville, TN, 1997
  • International Garage Door Exposition and Conference, Anaheim, CA, 1998
  • International Garage Door Exposition and Conference, Toronto, Canada, 1999
  • "National Convention", Steel Erectors Association of America, Myrtle Beach, SC, 1994
  • "National Convention", Steel Erectors Association of America, Myrtle Beach, SC, 1995
  • "National Convention", Steel Erectors Association of America, Myrtle Beach, SC, 1996
  • "National Convention", Steel Erectors Association of America, Myrtle Beach, SC, 1998
  • "1998 Liability Conference", System Builders Association, Stone Mountain, GA, 1998
  • American Subcontractors Association of the Carolinas, Wilmington, NC, 1993
  • American Subcontractors Association of the Carolinas, Myrtle Beach, SC, 1994
  • American Subcontractors Association of the Carolinas, Wilmington, NC, 1995
  • American Subcontractors Association of the Carolinas, Hilton Head, SC, 1996
  • American Subcontractors Association of the Carolinas, Asheville, NC, 2004
  • American Subcontractors Association of the Carolinas, Wrightsville Beach, NC, 2006
  • "Advanced Construction Law in North Carolina", National Business Institute, Raleigh, NC, 2000
  • "Advanced Construction Law in North Carolina", National Business Institute, Raleigh, NC, 2001
  • "Advanced Construction Law in North Carolina", National Business Institute, Raleigh, NC, 2002
  • "Avoiding OSHA Citations and Liabilities", Lorman Education Services, RTP, NC, 2001
  • "Construction Law", Wake Forest University General Practice Symposium, Raleigh, NC, 1997
  • "Construction Law", Wake Forest University General Practice Symposium, Raleigh, NC, 1998
  • "Construction Law", Wake Forest University General Practice Symposium, Raleigh, NC, 1999
  • "Construction Law", Wake Forest University General Practice Symposium, Raleigh, NC, 2000
  • 2000 Risk Management Seminar, Professional Engineers of North Carolina, Raleigh, NC, 2000
  • "Construction Defects & Mold Litigation", National Business Institute, Raleigh, NC, 2003
  • North Carolina Lien & Bond Claims, National Business Institute, Raleigh, NC, 2004
  • "You Know Construction Law But Do You Know Construction?", Sticks and Bricks Training for Attorneys on Steel Erection, Construction Law, Division, North Carolina Bar Association, Raleigh, NC, 2005
  • "Contracts for Construction Attorneys: Getting The Party Started, Clauses in Contracts, Subcontracts, and Purchase Orders: What To Look For And What to Look Out For", North Carolina Bar Association, Greensboro, NC, 2006
  • "Flip This Clause: Avoiding Misfortune and Turning Bad Contract Clauses Into Good Clauses", American Subcontractors Association of the Carolinas, Wrightsville Beach, 2006
  • "Contract Clause Clinic" 5 part lecture series examining practical interpretation, negotiation, and implementation of key subcontract clauses, Triangle Chapter, American Subcontractors Association of the Carolinas, Raleigh, NC, Winter-Summer, 2007
  • "Bidding & Negotiating the New AIA A401-2007 Contractor-Subcontractor Agreement," Live National Webinar, American Subcontractors Association, American Subcontractors Association of the Carolinas, Raleigh, NC, 2007
  • "Comparing the New AIA and ConsensusDOCS Subcontract Forms", Construction Financial Management Association (CFMA), Raleigh, NC, 2008
  • "Negotiating the New AIA and ConsensusDOCS Subcontract Forms", Greensboro, Raleigh, Charlotte, Carolina Electrical Contractors Association (CECA), 2008

Honors and Awards

  • “Best Attorney for Mechanics Liens & Payment Bond Claims - North Carolina” Corporate Legal Elite, 2015 - Present
  • “Best Attorneys for Bankruptcy & Debt 2014", Best Attorneys On Line.com, 2014 - Present
  • "Lawyers of Distinction" 2016, 2016 - Present
  • "Top Lawyers in NC-Highest in Ethical Standards & Professional Excellence" The Legal Network, 2016
  • Who's Who in American Law, 2015
  • Super Lawyer 2017 for Construction Law, 2017 - Present
  • "Lawyers of Distinction" 2017, 2017 - Present

Professional Associations and Memberships

  • American Subcontractors Association of the Carolinas (ASAC), Board Member, Triangle Chapter
  • American Arbitration Association (AAA), Arbitrator & Mediator, Construction Industry Roster of Neutrals
  • ABA Forum on Construction Law, Former Steering Committee Member, Division Nine

Past Employment Positions

  • Safran Law Offices, Associate Attorney, 1992 - 1999

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The Law Office of
James P. Laurie III, PLLC
9121 Anson Way, Suite 200
Raleigh, NC 27615
919.256.4455
919.256.4466 fax
www.laurielaw.com

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