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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. Mr. Herndon’s clients consist of a diverse group of industry participants including design professionals, public utilities, regional and national contractors, municipalities, private project owners, and construction sureties.

Mr. Herndon 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/productivity claims, construction defects, cumulative change impacts, payment and performance bond claims, mechanics’ lien claims, and contract disputes. In addition to his litigation work, Mr. Herndon also routinely provides advice to his clients on dispute avoidance, contract negotiation issues, and other matters.

Mr. Herndon is an active member of the North Carolina Bar Association’s Construction Law Section, currently serving as Co-Chairman of the Ethics and Legislative Affairs Committee and having previously served as Chairman of the Lien and Bond Law Revision Committee. He frequently speaks to industry groups on a range of construction topics including professional liability, delay claims, mechanics’ liens, and contract issues. Mr. Herndon was recognized by Business North Carolina in 2015 as one of the “Legal Elite” in Construction Law, and by North Carolina Super Lawyers as a “Rising Star” in construction litigation each year from 2010 to 2013.

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

Featured Experience

  • Representation of 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
  • Representation of a municipality in defense of disruption and impact claims by general contractor arising out of public utility project
  • Representation of an international structural engineering firm in defense of professional negligence claims related to design of a cast-in-place post-tensioned bridge
  • Representation of a regional architect in defense of delay, design and construction administration claims related to a restaurant upfit project
  • Representation of 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
  • Representation of a national contractor in connection with licensing and public bidding issues arising out of asset purchase
  • Representation of a regional civil engineering firm in a fee collection dispute including successful prosecution of appeal
  • Representation of a material supplier in an “approved bidder” dispute with State agency

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Honors & Awards

  • Benchmark Litigation, Under 40 Hot List, 2016
  • 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), Board of Directors
  • Wake County Library Commission, District 2 Commissioner, 2009-2013