Steele B. (“Al”) Windle III – Attorney at Law – NC

Al Windle, a respected leader in construction law in North Carolina, understands that each phase of a construction project presents challenges, and he brings his substantial experience to every issue, from pre-construction and design to contracts and claims. He represents a wide variety of clients comprised of owners, developers, general contractors, subcontractors, and suppliers. He regularly provides “real time” advice to clients through every stage of a construction project, including:

• Licensing
• Bid preparation, mistakes, and protests
• Preparation of contract documents
• Change order negotiations
• Project correspondence
• Claim preparation
• Defense of claims
• Termination
• Project close-out and final payment
• Final dispute resolution through:
  • Negotiation
  • Mediation
  • Arbitration
  • Litigation

Additionally, he regularly handles matters for payment and performance bond sureties on all types of commercial construction projects.

Clients find value in Al Windle’s thorough understanding of the construction process, as well as the dispute side of construction law, enabling him to serve as proactive counsel when advising clients on how to prevent or resolve problems, as well as prosecuting and defending disputes involving extra work, delay, acceleration, construction defects and related disputes over insurance coverage, including water intrusion. Al Windle has a proven track record that includes the successful arbitration or litigation of numerous construction disputes arising from, among other things, a $57 million condominium project in Florida, a $70 million highway project in North Carolina, a $100 million hospital project in North Carolina, a $20 million military housing project in Utah, a $100 million power plant in North Carolina and a $60 million oil spill remediation project in Florida, Mississippi and Alabama.

Beyond the courtroom, Al Windle is actively involved in the legal community. He frequently writes articles on construction law, construction contracting and lectures on construction law related topics. He is a member of the Construction Law Section of the North Carolina Bar Association where he has served as a director on the Construction Law Section Council (1995-1997, 1988-1990 and 2017-2018) and is also a member of the Construction Forum of the American Bar Association. Al is a certified arbitrator and is on the panel of construction arbitrators of the American Arbitration Association. He has been designated as a Super Lawyer and as a Best Lawyer in America for many years. He is also an invited Fellow of the Construction Lawyers Society of America.

Education

Representative Matters

Al Windle has successfully represented clients on numerous projects for many years including the following;

Owner:

• Represented owner regarding claim by general contractor on hospital project for multimillion dollar delay and extra work.
• Represented owner of new hotel in Fayetteville, NC relation to claims by general contractors for alleged owner interference, delay and extra work
• Represented owner of apartment project against extra work claim by roofing contractor.
• Represented owner of movie theater company against claims by general contractor for delays, constructive changes, and extra work.

General Contractor:

• Represented first general contractor in North Carolina to enforce a subcontractor’s bid. Pursuant to the doctrine of promissory estoppel a case of first impression in North Carolina.
• Represented general contractor on a multimillion dollar delay inefficiency and extra work claim related to construction of a power plant project in Bangor, Maine.
• Represented general contractor in regard to a product on a public project where required minority participation was challenged.
• Represented environmental remediation contractor on multimillion dollar payment dispute relating to the Deep Water Horizon Oil Spill.
• Defended general contractor in relation to multimillion dollar delay and defective work claims by owner/developer on numerous multimillion dollar apartment projects.
• Represented general contractor seeking to withdraw a multimillion dollar bid on a public project.
• Represented design-builder regarding defective design claims by owner on a wastewater treatment plant.
• Represented general contractor on challenges by subcontractors to default terminations by general contractor on condominium projects in Florida.
• Represented environmental remediation contractor against claims by owner on project in Georgia that contract was unconscionable and unit price charges were excessive.
• Represented general contractor in dispute with framing subcontractor on a base housing project at Camp Lejeune, North Carolina.
• Represented general contractor against claims by owner for delays and defective work regarding construction of a hotel in Durham, North Carolina.
• Defended general contractor in multimillion dollar delay and extra work claim by masonry contractor on condominium project in Florida.
• Represented general contractor regarding default termination of concrete subcontractor on a condominium project in Florida.
• Represented general contractor in matter regarding wrongful default termination of contractor.

Surety:

• Represented both general contractors’ and subcontractors’ sureties on payment and performance bond claims.

Subcontractor:

• Represented grading subcontractor on multimillion dollar differing site conditions claim.
• Represented grading subcontractor on delay, extra work claim on a N.C. highway project.
• Represented fire protection subcontractor on delay, extra work, differing site condition claim on a Veterans Administration (VA) hospital project.
• Represented numerous subcontractors on lien and payment bond claims.
• Represented grading subcontractor in dispute with municipality involving claims of extra work and nonpayment related to excavation, transportation, and placement of soil with related swell, compaction, and settlement issues.
• Represented subcontractor on delay/inefficiency/extra work claim regarding construction of a sports coliseum.

Miscellaneous:

• Handled numerous claims against builder’s risk insurers.
• Represented base maintenance contractor on project at military base in Dugway, Utah and Key West, Florida, regarding extra work claim.

Honors