Assistant General Counsel, South Carolina Budget and Control
Board, 2012 to present
Published first revision in eight years of the "Compendium," a collection of clauses, appendices and guidance for use in public solicitations
Developed first comprehensive set of contract provisions for information security, data privacy, and "cyber-insurance" for South Carolina government contracts
Counsel Procurement Services Division, including Chief Procurement Officers, purchasing managers, and audit division
Advise hearing officers in bid protests and contract controversies
Advocate for Chief Procurement Officers before the South Carolina Procurement Review Panel and appeals to Circuit Court
Negotiate and review complex agreements for suppoies and services, software development, information technology, and construction
Train purchasing managers for state agencies and political subdivisions
Attorney in private practice, 1984 to 2012
Civil trials in state and federal courts, arbitrations, and appeals
Represented commercial contractors, design professionals, subcontractors, material suppliers and bond sureties in bid protests, payment disputes and delay and impact claims
Drafted, negotiated and reviewed construction and design contracts and other documents used in the construction process
Prosecuted claims for building and design defects for homeowners, condominium associations and other building owners
Conducted general civil litigation, including breach of contract, lender liability, class actions, and product liability claims
Briefed and argued appeals before South Carolina appellate courts and the United States Court of Appeals for the Fourth Circuit
Affiliations
McGowan, Hood & Felder, LLC, Columbia, 2008 to 2012 Fifteen-lawyer trial practice representing plaintiffs in civil litigation throughout South Carolina
William Dixon Robertson III, Attorney, Columbia, 1996 to 2008 Solo trial practice representing plaintiffs in building defect litigation
Bowers Orr & Robertson LLP, Columbia, 1989 to 1996 Boutique litigation firm representing varied clientele in South Carolina, Texas, New York, New Jersey and Illinois
Nexsen Pruet Jacobs & Pollard, Columbia, 1985 to 1989 Mid-size full service law firm representing business clients in litigation and transactions
Law Clerk to Judge Randall T. Bell, South Carolina Court of Appeals, 1984 to 1985
Accomplishments
First lawyer to serve on the board of directors for Carolinas Association of General Contractors, 1997-1999
Co-counsel in Addleman v. The Ryland Group, a class arbitration involving over 5000 households in Florida whose homes leaked because of defective construction. Following certification as a class action, settled the case by establishing a fund to pay for repairs
Built a solo law practice from a single hourly client into a contingency plaintiffs’ firm with over $700,000 in annual fees
Resolved over 100 claims for artificial stucco siding, or EIFS, including two cases tried to verdict, four arbitrations tried to award, and scores of settlements, enabling these homeowners to repair their houses, in most cases by replacing the defective stucco
Briefed and argued Kirkman v. Parex, 632 S.E.2d 854 (S.C. 2006), where the South Carolina Supreme Court refused to enforce a warranty disclaimer inserted in the homeowners’ deed and set forth strict requirements for limiting or disclaiming home warranties
Briefed and argued Old Claussen’s Bakery Partners v. Mattox Electric Service, 399 S.E.2d 5 (S.C. App, 1990), where the Court of Appeals held that warranty work performed by a contractor extended the time in which to file and serve a mechanic’s lien
Associations
American Bar Association, 1985 to present, including its Solo/Small Firm and Litigation sections and Forum Committee on the Construction Industry
American Association for Justice, 2004 to 2011
South Carolina Association for Justice, 2004 to 2011
John Belton O’Neall American Inn of Court, 1988 to present
Admissions
South Carolina, 1984
United States District Court, District of South Carolina, 1985
United States Court of Appeals, Fourth Circuit, 1988
Admitted pro hac vice at various times in Georgia, Florida, New Jersey, New York, and North Carolina
Education
University of South Carolina School of Law
Columbia, SC
Juris Doctor, December 1983
First Honor Graduate
Victor Michalewitz Award for Excellence in Legal Writing
Order of the Coif
Law Review
Student Editor, Journal of Law and Education
University of South Carolina
Columbia, SC
Bachelor of Arts, May 1980
Political Science Major
South Carolina Honors Program
Delta Chapter, Sigma Nu Fraternity
United States Army
Schweinfurt, FRG
1974-1976
Infantry Soldier (11C20)
Specialist Four (E4)
Assigned to Combat Support Company and Headquarters Company, 1st Battalion, 30th Infantry, 3rd Infantry Division
Awarded Army Commendation Medal for distinguished service
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