Judson A. Welborn
North Carolina
Manning Fulton & Skinner, P.A.
3605 Glenwood Avenue
Suite 500
Raleigh, NC 27612
Tel: (919) 510-9250
Email:
welborn@manningfulton.com
Web:
www.manningfulton.com
Judd represents a wide variety of clients in complex construction, business, real property and franchise litigation matters, as well as condemnation/eminent domain matters. In addition, several of Judd’s clients utilize him as their outside general counsel, and he is also certified as a Civil Superior Court Mediator by the State of North Carolina Dispute Resolution Commission.
Among the many construction disputes he has handled over the years, Judd was lead trial counsel for the developer/owner of a hotel in a construction defect claim involving more than 20 construction and insurance parties and more than $5 million in damages resulting from defective construction. He has represented numerous owners, lenders, sellers, purchasers, developers, architects, general contractors and subcontractors in arbitration proceedings and trial courts involving design and construction defect claims, bond claims, delay claims, and contract administration claims, as well as in the drafting and negotiation of development and construction contracts on commercial projects ranging from a few thousand dollars to more than $500 million.
Judd has been named by his peers and clients as a “Local Litigation Star” by Benchmark Litigation, the definitive guide to America’s leading litigation firms and attorneys. Benchmark Litigation is the culmination of extensive annual research, including comprehensive interviews with litigators and their clients, an examination of recent casework, and solicited professional and peer reviews. In addition, Judd is honored to have been repeatedly selected by his peers for inclusion in The Best Lawyers in America® in the areas of Construction Litigation, Real Estate Litigation, Commercial Litigation, Eminent Domain and Condemnation Law, Land Use and Zoning Litigation and Appellate.
He is also included in North Carolina Super Lawyers as one of North Carolina’s top rated Construction Litigation Attorneys, Business Litigation Attorneys, and General Litigation Attorneys, and for inclusion in Business North Carolina Magazine as one of North Carolina’s Legal Elite in the areas of Construction Law & Construction Litigation and Business Litigation. Finally, Judd holds Martindale-Hubbell’s highest “AV” peer review rating, the peer review rating that recognizes attorneys who have reached high level of skill and integrity.
Judd’s temperament, passion, and client-focused approach to dispute resolution have contributed to his many successes both inside and outside the courtroom.
Education
- Campbell University School of Law – J.D. – 1998
- University of North Carolina – B.A. in Political Science (Minor in History) – 1995
Admitted to Practice
- State of North Carolina
- Supreme Court of the United States
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Eighth Circuit
- United States District Courts for the Eastern, Middle and Western Districts of North Carolina
- North Carolina Bar Association
- Litigation Section Council
- Co-Chair, Litigation Section Ethics Committee
- Construction Law Section
- American Bar Association
- Litigation Section
- Tort Trial and Insurance Practice Section
- Title Insurance Litigation Committee
- Real Estate Litigation Committee
- Construction Law Section
- Wake County Bar Association
- Wake County/Tenth Judicial District Bench-Bar Committee
- Tenth Judicial District Grievance Committee (2017-2019)
- Wake County/Tenth Judicial District Professionalism Committee (2013-2015)
- Fee Dispute Resolution Committee (2010-2015)
- Public Service Committee (2002-2005)
- North Carolina Rules Review Commission (2006-2007)
- Tenth Judicial District Professionalism Committee (2001-2005)
- Ex Officio Member, Board of Directors, BarCARES of North Carolina, Inc. (2002-2004)
Construction law involves substantial and complex contractual relationships, as well as a significant financial investment on the part of all parties in a given project. Drawing on our extensive experience representing parties in all phases of the construction process, starting with development and finance issues all the way through dispute resolution and project closeout, Manning Fulton’s construction team routinely advise lending institutions, developers, owners, contractors, subcontractors, construction managers, architects, engineers, sureties, insurance companies, and suppliers on construction projects of all types and sizes.
Our construction lawyers have extensive experience negotiating form contracts and agreements (AIA and AGC documents, for example) and routinely assist clients in litigation avoidance techniques if disputes arise on a project. Unfortunately, not all disputes on construction projects are able to be resolved, in fact, disputes are almost commonplace on construction projects in today’s challenging economic times. Should disputes arise during the course of any construction project, Manning Fulton’s construction attorneys possess the expertise and practical litigation experience to craft a cost-effective resolution strategy tailored to the client’s individual needs.
We routinely represent our construction industry clients in trials and appeals in North Carolina’s federal, state and administrative courts and boards, and in arbitration and mediation. These disputes typically involve claims arising from commitments at the project’s inception to claims of extra work, acceleration, warranty claims, contractor termination, and insolvency. Disputes we have handled for our construction industry clients include claims involving the following:
- Bonds and insurance claims
- Breach of warranty
- Change orders
- Claim avoidance and resolution
- Contract termination
- Defective installation
- Delay claims
- Design error
- Foreclosures
- Lien claims
- Materials failure
- Performance and payment bond claims
- Project scope disputes
One of the most widely litigated construction law-related issues in North Carolina is the mechanic’s lien. Chapter 44A of the North Carolina General Statutes sets forth specific requirements for perfecting and enforcing the statutorily based lien, and North Carolina courts have routinely held that a failure to strictly comply with those requirements defeats the claimant’s rights in the project. Manning Fulton’s construction lawyers have extensive experience in protecting clients’ interests through the filing of mechanic’s liens, as well as notices of liens on project funds, and in the prosecution and defense of lien claims on construction projects in North Carolina.
With offices in Raleigh and Durham, NC, clients benefit from expert legal advice and services comparable to that of larger firms while enjoying easy access to experienced lawyers, solid relationships and personable service.
Practice areas include: business law; commercial real estate; condemnation/eminent domain; employee benefits; estate planning / wealth transfer; family law; franchise & product distribution; government relations; insurance defense; intellectual property; litigation; mergers & acquisitions; professional liability defense; tax; health care; and wealth preservation and protection law.