Melissa is a litigation partner with over 20 years of experience, whose practice is focused on construction law and business disputes. She primarily represents architects and engineers, advising them on contract proposals to limit risks and defending them when litigation does arise.

Melissa’s cases have included construction administration and management claims, plan defect claims, testing failure claims and delay claims. Her practice includes the defense of all sizes of claims, from private commercial buildings to large, multi-million dollar public projects. She defends clients in State and Federal courts as well as in binding arbitration.

In addition to construction cases, Melissa handles commercial litigation, business torts, contract negotiation, medical negligence claims, product defect liability, premises liability, title insurance litigation, and director and officer liability.

Since 2009, Melissa has written and edited Construction Law in North Carolina (www.constructionlawNC.com) which is dedicated exclusively to the design professional community. The blog is critically-acclaimed at the national level, and has been awarded the “Best Construction Blog” prize by Design and Construction Report.

Outside of work, Melissa can be found with her nose buried in a good book or checking out the newest restaurants in the Triangle with her husband and daughter.

Experience Highlights

(Every case is different and depends on its own unique facts. Results may vary.)

Confidential Arbitration. Arbitrator found in favor of plaintiff-contractor (client) in private binding arbitration involving unpaid fees with counterclaim for alleged construction defects totaling over $800,000.

After two week jury trial, awarded complete defense verdict ($0.00 award) in favor of architect-client in construction litigation lawsuit involving allegations of architect’s professional negligence.

Confidential Arbitration. Arbitrator awarded complete defense verdict ($0.0 awarded) in favor of engineer-client after lengthy binding private arbitration.

“Melissa is an excellent lawyer in every way. She is a keen attorney and an insightful litigator. I recommend her to anyone in need of legal services.”

AV Peer Review

More About Melissa

Education & Admissions

Education
UNC at Chapel Hill School of Law – JD 1998
UNC at Chapel Hill – BA 1994
Honors and highest distinction

Admissions
North Carolina 1998
North Carolina State and Federal Courts
US Court of Appeals – 4th Circuit
Supreme Court of the United States

Professional Affiliations

American Bar Association

Litigation and Construction Sections

North Carolina Bar Association

Wake County Bar Association and 10th Judicial District Bar

Grievance Committee

North Carolina Association of Defense Attorneys

Construction Law Section

Claims & Litigation Management Alliance (CLM)

Defense Research Institute (DRI)

RL Mace Universal Design Institute

Board of Directors & President 2008-13

Speaking & Publications

Melissa is a well-respected author and presenter in the construction industry. Dozens of her articles relating to legal issues for design professionals, and risk avoidance for construction projects have been published, and she routinely lectures to multiple national, regional, and local construction-related industries on legal matters, including the American Council of Engineering Companies (ACEC),  the American Institute of Architects (AIA), the Construction Defect Claims Managers Association (CDCMA), Claims & Litigation Management (CLM), NC State Bar Association and the Construction Super Conference. Her speech topics have included:

  • The Top 10 Amendments to the 2018 version of the AIA A-201 General Conditions
  • 7 Critical Mistakes that Engineers & Architects Make During Project Negotiation & Execution that Sabotage their Projects and Invite Litigation
  • Designing the Project: Insurance for the Design Team
  • A View from Outside Counsel: Mitigating Engineering Risks
  • Keeping Your House in Order: Risk with BIM and LEED projects
  • Construction Contract Drafting Strategies: Scope of Services, Duties of Parties, Project Modifications, and Termination Issues
  • Multi-Party Construction Cases: Joinder of Subcontractors & Design Professionals in Binding Arbitration Agreements
  • Scope of Services Under AIA, EJCDC, and ConsensusDocs Contract Forms

Community

North Carolina Jaycees
General Counsel, 2007-08

Chapel Hill Jaycees
2002-08
2002 Steering Committee Chair to re-charter the chapter

Honors & Awards

AV Preeminent® Peer Rated
Martindale-Hubbell®

Super Lawyers
NC list – Construction Litigation 2015-present
Rising Star list 2011-12

Legal Elite
Business North Carolina magazine
Construction Law 2013, 2016

Claims & Litigation Management Alliance (CLM)
Journal of American Law Editorial Board

Eileen Collins Professional Achievement Award
Corning Community College, New York

For methodology see www.martindale.com
For methodology see www.superlawyers.com
For methodology see www.businessnc.com

LEED (Leadership in Energy & Environmental Design)
Green Associate

Bar Register of Preeminent Women Lawyers
Martindale-Hubbell

Best Construction Blog award
Design and Construction Report

Top 10 Construction Blogs
JD Supra Reader’s Choice Award 2019

Triangle Impact Law Leader
Business Leader magazine

“40 Under 40” Award 2006
Triangle Business Journal