Arty represents owners, contractors and subcontractors in disputes during all phases of a construction project, including negotiating change orders and other claims that may arise during a project, as well as post completion litigation and arbitration. Arty looks to provide value to his clients by saving litigation costs and expense where claims can be resolved through careful negotiation. Of course, not all disputes can be resolved without legal action. When litigation is the best strategy, Arty has more than two decades of experience litigating disputes in the courtroom and through arbitration. Arty has appeared on behalf of clients in both state and federal courts, and before numerous experienced mediators and arbitrators throughout the Carolinas and Virginia.

Learn more about this practice area

Arty represents and advises owners, lenders, developers, design professionals, construction managers, general contractors and subcontractors in drafting and negating contracts for all types of commercial and institutional projects. Arty understands that contract negotiation is principally about risk allocation. He works hard for his clients to ensure they do not take on unnecessary risks, and to make sure they are properly compensated for the risks they do agree to absorb. Arty is equally comfortable helping a small contractor perfect its agreements as representing owners, developers and lenders in multi-million dollar construction projects.   Over the last decade, Arty has negotiated nearly a billion dollars in construction and design contracts, from small commercial buildings, to apartment complexes, to larger office buildings and public high schools where eight figure budgets are common. 

Learn more about this practice area

Arty represents public owners in compliance with public procurement laws, as well as assisting private contractors engaged in bidding public projects. He is particularly knowledgeable regarding the construction manager at-risk delivery method for public entities and has represented both public owners and construction managers in connection with construction manager at-risk projects. Arty is often called upon to assist public owners and contractors to resolve bid protests and other contract award issues. Arty is also experienced in pursuing claims involving payment and performance bonds. He has represented public owners forced to make demand upon performance bond sureties to complete projects, as well as subcontractors making Miller Act claims against a payment bond.

 

Learn more about this practice area

Arty represents clients in all manner of sophisticated business disputes, including claims for breach of contract, construction claims, tortious interference, unfair and deceptive trade practices, and disputes surrounding covenants not to compete. He has represented clients in trials in state and federal courts, as well as in appeals to the United States Courts of Appeals for the Fourth, Federal and Seventh Circuits and the North Carolina Court of Appeals.

Learn more about this practice area

Arty represents a number of public school boards, primarily counseling them in areas related to construction and facilities, including procurement and contracting, as well as claims resolution and litigation.   

Learn more about this practice area

Arty is a certified mediator in North Carolina.  He focuses his mediation practice primarily on construction disputes, but is also well versed in business litigation disputes.

Learn more about this practice area

Selected by his peers for inclusion in The Best Lawyers in America for Construction Law (2012-2018)

Recognized by his peers for inclusion in Business North Carolina’s "Legal Elite" in Construction Law  (2011-2017)

Recognized in North Carolina Super Lawyers (Thomson Reuters) for Construction Litigation (2012-2017)

Recognized in Super Lawyers Business Edition for Construction Litigation (2015)

 

General Counsel, Chapel Hill-Carrboro Chamber of Commerce

Immediate Past Chair, Construction Professionals Network Institute, 2017-present

Chair, Construction Professionals Network Institute, 2016-2017

Vice-Chair, Construction Professionals Network Institute, 2015-16

Member, Construction Professionals Network, Inc.

Secretary, Board of Directors, Carrboro Arts Center, 2017-present

Chair, NC Bar Association Construction Law Section, 2012-2013

Vice-Chair, NC Bar Association Construction Law Section, 2011-2012

Member, Construction Law Section Council, 2010-2011

Chair, CLE Committee, NC Bar Association Construction Law Section, 2007-2008

Member, Construction & Dispute Resolution Sections, North Carolina Bar Association

Member, Guilford County Bar Association, 1994 – present  

Vice-President Congregation Council, Holy Trinity Lutheran Church, 2005-2008

"Fourth Circuit Court of Appeals Deals Significant Blow to Traditional Contractor-Subcontractor Relationship," NCBA Change Order Blog, Construction Law Section of the NC Bar Association, 2017 (co-written with John Ormand)

"Proposed Revisions to North Carolina Lien Laws," Construction Professionals Network, 2011

"Legal Developments Affecting Green Building: From Cap-and-Trade to Stimulus Grants," Commercial Real Estate Sustainable Forum, 2010

"A Slow Private Economy Brings More Challenges to North Carolina Public Contracting," Triad Business Journal, 2009

"Public Contracting in a Down Economy," Construction Law Section, North Carolina Bar Association, Winter CLE, 2009

"A Legal Primer for Architects: Liability Risks and Contract Issues," AIA Triangle Seminar at the NC State School of Design, 2008

"School Construction Finance and Contracting Methods," NC Council of School Attorneys Conference, 2008

When I am not busy practicing law, I usually can be found spending time with my family, cooking or cycling the back roads near our Orange County home. Hence, my Twitter description: "Father of three girls, construction lawyer, cook, occasional cyclist."  

My latest hobby is playing the mandolin. My oldest daughter plays guitar, and she and I take lessons together once a week. Thus far, my most celebrated performance was playing a selection of Irish reels at my youngest daughter's school for St. Patrick's Day. Who knew that standing up to perform for a room full of kindergartners could be as intimidating as any courtroom?  

I especially enjoy Saturday morning trips to the local farmers’ market with my wife and three daughters to pick out ingredients for our weekend dinners. I find cooking is a lot like litigation: you take the ingredients you have and with a little hard work, come up with the best presentation for a successful outcome.  

Understanding my client’s risk is the key to practicing law, whether I am negotiating a favorable contract or implementing a winning litigation strategy.

Recent Publications & Media

Recognitions

The 2018 edition of The Best Lawyers in America © recognized 54 Brooks Pierce attorneys as industry...(read more)
Thirty-nine Brooks Pierce attorneys have been recognized in the 2017 edition of North Carolina...(read more)
Thirteen Brooks Pierce attorneys have been recognized by their peers for inclusion in the 2017...(read more)
The 2017 edition of The Best Lawyers in America © recognized 50 Brooks Pierce attorneys as industry...(read more)
Thirty-seven Brooks Pierce attorneys have been recognized in the 2016 edition of North Carolina...(read more)
Fourteen Brooks Pierce attorneys have been recognized by their peers for inclusion in the 2016...(read more)
Brooks Pierce is pleased to announce that 26 of the firm’s attorneys have been named to the 2015...(read more)
The 2016 edition of The Best Lawyers in America © recognized 48 Brooks Pierce attorneys as industry...(read more)
Thirty-six Brooks Pierce attorneys have been recognized in the 2015 edition of North Carolina Super...(read more)
Sixteen Brooks Pierce attorneys have been recognized by their peers for inclusion in the 2015...(read more)
Brooks Pierce is pleased to announce that 27 of the firm’s attorneys have been named to the 2014...(read more)
The 2015 edition of The Best Lawyers in America© recognized 46 Brooks Pierce attorneys as industry...(read more)
Business North Carolina magazine publishes annually the “Legal Elite,” lawyers throughout the state...(read more)
Brooks Pierce is pleased to announce that 39 lawyers, representing 46% of the firm’s attorneys,...(read more)
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to announce that 46 lawyers were...(read more)
Business North Carolina magazine publishes annually the "Legal Elite," lawyers throughout the state...(read more)
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to announce that 45 lawyers,...(read more)
Brooks Pierce is pleased to announce that 38 lawyers, representing 43% of the firm’s attorneys,...(read more)
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to announce that 34 lawyers,...(read more)
Business North Carolina Business North Carolina magazine publishes annually the " Legal Elite " -...(read more)

Recent Publications & Media