Construction Disputes
Representation in construction defect claims, contractor disputes, and project delay litigation.
Overview
Construction disputes are among the most complex civil litigation matters, often involving multiple parties, overlapping insurance policies, technical engineering issues, and significant financial stakes. At Ennis, Baynard, Morton, Medlin & Brown, construction litigation is a core strength — our attorneys have decades of experience representing contractors, subcontractors, developers, property owners, homeowners associations, and their insurance carriers in disputes arising from construction projects throughout southeastern North Carolina.
The Wilmington area's sustained growth in residential and commercial development has generated a corresponding increase in construction-related disputes. When buildings develop defects, projects experience delays, or payment disputes arise between project participants, the litigation that follows often involves complex multi-party claims requiring coordination among contractors, subcontractors, developers, architects, engineers, and multiple insurance carriers. Our attorneys have the experience to manage this complexity effectively.
Partner Stephen Baynard chaired the NCADA Construction Law Practice Group in 2011, reflecting the depth of his expertise in this area. Partner Ron Medlin has developed a particular specialty in HOA construction defect litigation, representing community associations in large-scale defect claims involving residential developments. Managing Partner Don Ennis has handled construction disputes throughout his nearly four-decade career.
Our construction practice covers the full spectrum of disputes: defective workmanship claims, design defect allegations, structural deficiency litigation, delay and disruption claims, payment and mechanic's lien disputes, surety bond claims, and warranty enforcement actions. Whether the dispute involves a single-family home with a foundation problem or a multi-million-dollar commercial development with system-wide defects, our attorneys bring the same level of thorough preparation and aggressive advocacy.
We work closely with construction experts, engineers, and forensic consultants to build the technical foundation that construction cases require. Our trial experience means we evaluate every case with an eye toward what a jury would decide — and our willingness to take cases to verdict when the facts warrant it strengthens our negotiating position at every stage.
Types of Cases We Handle
Construction Defect Claims
Litigation involving defective workmanship, materials failures, and building system deficiencies.
HOA Defect Litigation
Representing homeowners associations in large-scale residential construction defect claims.
Delay & Disruption Claims
Disputes over project delays, schedule impacts, and resulting cost overruns.
Payment Disputes & Mechanic's Liens
Enforcement and defense of claims for payment and lien rights under NC construction law.
Surety Bond Claims
Performance bond and payment bond claims involving sureties, principals, and obligees.
Warranty Enforcement
Claims arising from express and implied warranties on construction work and materials.
Why Ennis, Baynard, Morton, Medlin & Brown
Partner Baynard chaired the NCADA Construction Law Practice Group, and Partner Medlin has developed a specialty in HOA construction defect litigation. Combined with the firm's deep insurance defense experience — critical in construction cases where multiple carriers are often involved — our construction practice offers both the legal expertise and the trial readiness that these complex matters demand.
Frequently Asked Questions
A construction defect is any deficiency in the design, workmanship, materials, or systems of a building that reduces its value, creates a safety hazard, or causes the building to fail to perform as intended. Common defects include foundation problems, water intrusion, structural failures, and mechanical system deficiencies.
North Carolina has a six-year statute of repose for improvements to real property, running from the last act giving rise to the claim. However, the statute of limitations for specific claims may be shorter, so it is important to consult with an attorney promptly when defects are discovered.
Yes. Homeowners associations frequently bring construction defect claims on behalf of the community for defects in common areas, building envelopes, and shared systems. Our attorneys have extensive experience representing HOAs in these complex multi-party actions.
Need Aggressive Representation?
Contact our Wilmington office to discuss your case. We'll be where you need us.