Benjamin E. Nicholson V
Shareholder
803.799.9800 Main803.933.1540 Direct Fax
803.753.3278 Main Fax
nnicholson@mcnair.net
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Columbia, SC Office
1221 Main Street
Suite 1800
Columbia, SC 29201 Paralegal
Ann Shuler
ashuler@mcnair.net
803.753.3414 Direct
Overview
“I work to be my clients’ ‘go-to litigator.’ To be that, I provide solutions by learning my clients’ businesses and the challenges that they face. If the solution calls for litigation, I weigh the costs and benefits, advise my clients, and if necessary, fight for them in court.”
Ned 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, intellectual property, and construction 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.
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.
- Obtained writ of mandamus court order that compelled the South Carolina Department of Revenue to release $800 million in tax proceeds to a South Carolina county.
- Defended Fortune 500 company in multimillion dollar site condition claim involving a dispute with a contractor for the costs of the environmental restoration of one of the largest inland dredging projects in South Carolina history.
- Won $1.7 million negligence and negligent misrepresentation jury verdict for highway contractor against insurance company in federal court in Charlotte, North Carolina. Verdict was the amount requested by contractor to jury. Used litigation presentation technology to organize and present complex case with 800 exhibits.
- Represented a Fortune 100 manufacturing company in a design and construction defect case against an engineering firm and construction company that designed and built manufacturing company's South Carolina plant. Forced multi-million dollar settlement from defendants during jury trial with an 80%+ damages recovery. Handled case solo against team of five lawyers representing defendants.
- Successfully defended county in eight figure bid dispute, twice defeating contractor's motions for injunctive relief before the circuit and appellate court, and ultimately prevailing before procurement review panel.
- Won jury verdict for business in trademark infringement action against competitor. Client was awarded attorney’s fees and injunctive relief; total verdict was twenty times more than defendant's final offer to settle
- Favorably settled multi-million dollar claim of contractor for extra costs in a remediation project for decommissioning of Russian nuclear submarine
- Counsel for software manufacturer in arbitration of dispute between manufacturer and customer regarding product performance
- Counsel in national Fair Housing Act test case for developer and National Association of Home Builders against municipality; settled favorably for clients
- Following litigation, obtained multi-million dollar settlement for hospital against both constructor of office building that flooded due to construction defects and separately against hospital's property insurance carrier for bad faith failure to pay lost revenues claim
- Successfully defended county against claim by contractor building an airport extension by suing county’s engineer for malpractice and obtaining cash settlement and indemnification against contractor’s claims from engineer’s insurance carrier
- Construction contract counsel for South Carolina county; led negotiations for county and drafted novel construction and design program management contract for management of estimated billion-dollar construction program
- Member, South Carolina Bar
- Vice-Chair, South Carolina Bar, Construction Law Section (2016-present)
- 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
- 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)
- Named, The Best Lawyers in America© (2011-2019)
- "Lawyer of the Year", Intellectual Property Litigation (2019)
- Awarded, Martindale-Hubbell AV® Peer Review Rating*
- Listed, South Carolina Super Lawyers®, Business Litigation (2013-2018)
- Member, Phi Beta Kappa
- Richland County v. South Carolina Dept. of Revenue, 2018 WL 1177700 (S.C. S. Ct. March 7, 2018)
- Walde v. Assoc. Ins. Co., 737 S.E.2d 631 (S.C. App. 2012)
- Lee Construction Co. v. Zurich American Insurance Co., 2011 WL 8333167 (W.D. N.C. 2011)
- Crossman Comm. of North Carolina, Inc. v. Harleysville Mut. Ins. Co., 717 S.E.2d 589 (S.C. 2011)
- Doe v. New Leaf Academy, 2011 WL 4434051 (D.S.C. 2011)
- All American Title Loans v. Title Cash, 2007 WL 1464580; 2008 WL 60426 (D.S.C.)
- L-J., Inc. v. Bit. Fire & Marine Ins. Co., 621 S.E. 2d 3 (S.C. 2005)
- Hawes v. Cart Products, 386 F. Supp. 2d 681 (D.S.C. 2005)
- Watkins v. Crescent Enterp, 314 F. Supp. 2d 1156 (N.D. OK. 2004)
- Lee Construction v. Sloan Construction, 104 Fed. Appx. 323 (4th Cir. 2004)
- S.C. Pipeline Corp. v. Lone Star Steel, 546 S.E. 2d 654 (S.C. 2001)
- Drews Distributing v. Silicon Gaming, 245 F. 3d 347 (4th Cir. 2001)
- Mayer v. M.S. Bailey & Son, Bankers, 555 S.E. 2d 406 (S.C. App. 2001)
- Republic Contracting Corp. v. SCDOT, 503 S.E. 2d 761 (S.C. App. 1998)
- BellSouth v. DeKalb, U.S. Dist. LEXIS 11443 (D.S.C. 1995)
- Roberts v. Recovery Bureau, 450 S.E. 2d 616 (S.C. App. 1994)
- Sub-Zero Freezer v. R.J. Clarkson, Co., 417 S.E. 2d 569 (S.C. 1992)
- Quirk v. Campbell, 394 S.E. 2d 320 (S.C. 1990)
- "Private Tort Reform Through Agreements to Arbitrate", South Carolina Business Journal, 2004
- "Exploring the Maze: The Economic Loss Rule in South Carolina", South Carolina Lawyer, 1996
- "Look Before You Leap: Pre-Construction Issues for the Owner", The South Carolina Policy Forum, Vol.7, No.3, 1996
- "Court Vacates Products Liability Verdict", South Carolina Lawyer's Weekly cover story case feature, Vol.3, No.47, July 26, 2004
- "Court Grants Judgment for Insurer in Bad Faith Suit", South Carolina Lawyer's Weekly cover story case feature, Vol.2, No.43, June 30, 2003