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Robert Jason Herndon

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Jason Herndon concentrates his practice primarily in construction law. He provides solutions-oriented guidance to his clients aimed at achieving positive outcomes as efficiently as possible. His clients consist of a diverse group of industry participants that include design professionals, public utilities, regional and national contractors, municipalities, private project owners, and construction sureties.

He regularly handles significant construction claims with millions of dollars – and sometimes tens of millions of dollars – at stake for his clients. He has successfully litigated a wide variety of construction issues, including scheduling/delay disputes, design defects, disruption and productivity claims, construction defects, cumulative change impacts, payment and performance bond claims, mechanics’ lien claims, and contract disputes. In addition to his litigation work, he also routinely provides advice to his clients on dispute avoidance, contract negotiation issues, and other matters.

Jason is an active member of the North Carolina Bar Association's Construction Law Section, currently serving as vice chairman of the Construction Council and having previously served as chairman of the Lien and Bond Law Revision Committee and the Ethics and Legislative Affairs Committee. He frequently speaks to industry groups on a range of construction topics that include professional liability, delay claims, mechanics' liens, and contract issues. Jason’s construction law work has been recognized by numerous legal industry publications, including Business North Carolina’s “Legal Elite,” North Carolina Super Lawyers, and Benchmark Litigation’s “Under 40 Hot List.”

In addition to his construction practice, Jason also represents clients in connection with landlord-tenant issues, debtor-creditor claims, class action defense, and other commercial disputes. Before joining Parker Poe, he clerked for the Honorable Lacy H. Thornburg, United States District Court Judge for the Western District of North Carolina.

Representative Experience

  • Represented a public utility in defense of delay, disruption, and change order claims, and in prosecution of claims for construction and design defects on a state-of-the-art power plant up-fit project.
  • Represented a municipality in defense of disruption and impact claims by general contractor arising out of public utility project.
  • Represented an international structural engineering firm in defense of professional negligence claims related to design of a cast-in-place post-tensioned bridge.
  • Represented a regional architect in defense of delay, design and construction administration claims related to a restaurant up-fit project.
  • Represented a payment and performance bond surety in defense of claims arising out of public airport project and in prosecution of recoupment claims against project owner.
  • Represented a national contractor in connection with licensing and public bidding issues arising out of asset purchase.
  • Represented a regional civil engineering firm in a fee collection dispute including successful prosecution of appeal.
  • Represented a material supplier in an “approved bidder” dispute with state agency.

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Honors & Awards

  • Benchmark Litigation, Future Star in North Carolina, 2018; Under 40 Hot List, 2016-2017
  • Eagle Scout, Boy Scouts of America
  • Business North Carolina magazine’s “Legal Elite” in Construction, 2015-2016
  • Martindale-Hubbell AV® Preeminent™ in Construction Law
  • North Carolina Super Lawyers Rising Star in Construction Litigation, 2010-2013
  • Order of the Coif
  • National Trial Advocacy Competition Champion, 2004

Memberships

  • Lupus Foundation of America, North Carolina Chapter (LFANC), Chairman of the Board of Directors
  • Marbles Kids Museum, Board of Directors
  • Wake County Library Commission, District 2 Commissioner, 2009-2013
  • Yates Mill Associates, 2009-2012