Performance Warranties, Extended Duration Warranties, and Liquidated Damages in Construction Contracts: What are the Risks?

Rolly Chambers is a partner in the Charlotte office of Smith, Currie & Hancock LLP, where he represents construction businesses in commercial and construction matters. He also is a N.C. Dispute Resolution Commission Certified Mediator for Superior Court and Estates & Guardianship matters. He regularly serves as a mediator and also represents clients in cases in state and federal courts, in arbitrations, and in mediations. Mr. Chambers has practiced in Charlotte for over twenty-five years. He has been included in “The Best Lawyers in America” (2013) for work in the practice area of construction law, recognized as a “North Carolina Super Lawyer,” and named by Business North Carolina Magazine as a member of its “Legal Elite” in the practice of construction and real estate law in North Carolina.

Gene Rash is a partner in the Charlotte office of Smith, Currie & Hancock. He received his undergraduate education in civil engineering. As an attorney Mr. Rash has handled a variety of construction claims and disputes involving such projects as office buildings, high-rise towers, hotels, laboratories, waste treatment facilities, shopping centers, and healthcare projects.  He has also handled matters involving public project claims and mold litigation.  Mr. Rash has represented owners, contractors, subcontractors, and surety companies in mediation, arbitration, and litigation.  He is a member of the ABA Forum on the Construction Industry and the Construction Law Sections of the North and South Carolina Bar Associations.  He serves on the North Carolina Construction Law Section’s Lien Law Committee and also lectures on topics relating to avoidance and resolution of construction disputes.