Benjamin E. Nicholson V

Practice Areas

Commercial Litigation

Manufacturing

Construction & Project Development

Procurement

Insurance Litigation & Coverage

Multifamily Housing

Career

Ned Nicholson has extensive first chair trial counsel experience in state and federal trial and appellate courts in a number of states. He concentrates his practice on complex business, construction litigation, insurance coverage litigation, and arbitration. He also tries to keep clients out of the courtroom by utilizing his experience as a former general counsel of a large outsourcing company to draft contracts and provide related legal advice. He has extensive experience in drafting and negotiating EPC agreements, design/build contracts, and construction contracts on behalf of manufacturers, businesses, developers, and public entities like counties, cities, and school districts. He has worked extensively with project development teams mid-project to prevent or mitigate loss when unexpected losses or disputes with the contractor or design professionals occur and threaten to derail the project.

Ned regularly represents clients in construction defect and compensation claims, manufacturer/dealer disputes, franchisor/franchisee disputes, unfair trade practice claims, intellectual property claims, contract disputes, and insurance coverage lawsuits. He has worked with clients in over a hundred mediations seeking settlement of claims out of court, and is a South Carolina certified mediator. He often advises clients on insurance coverage matters, particularly in the construction industry.

Professional Memberships

Member, South Carolina Bar

Chair, South Carolina Bar, Construction Law Section (2019-2020)

Member, General Council of the Construction Law Section of the South Carolina Bar (2014-2022)

Former Chair, Lawyer/Physician Relations Committee (1992-1999)

Member, Legal Action Network for Development Strategies, National Association of Home Builders

Member, American Bar Association ABA Construction Law Forum

Member, Phi Beta Kappa

U.S. Court of Appeals for the Fourth Circuit

U.S. District Court - South Carolina

Personal

Past Chairman, South Carolina State Museum Foundation (2015-2017)

Past President, Palmetto Trust for Historic Preservation (2011-2012)

Past President, Rotary Club of Five Points (2001-2002)