David A. Senter

David Senter practices in the Construction Group. Since joining the firm in 1984, Mr. Senter has concentrated his practice in the areas of construction and surety, commercial litigation and commercial collections.

Mr. Senter has made various presentations on construction and collections related topics to national and local trade and professional associations. Mr. Senter has also authored construction and collections related articles in bar and trade publications including:

• Statutory Grounds for Challenging Arbitration Awards, The Construction Lawyer, Vol. 19, No. 4 (October 1999)
• Construction Warranties and Guarantees: A Primer, The Construction Lawyer, Vol. 23, No. 1 (Winter 2003)
• Alternative Dispute Resolution section of the North Carolina Construction Law Deskbook (4th ed., 2006)
• "The Role Of The Subcontractor" chapter in The Fundamentals Of Construction Law published by the American Bar Association's ("ABA") Forum on the Construction Industry (2001)
• Co-author of the North Carolina section in the State-by-State Guide to Architect, Engineer, and Contractor Licensing book published in 1999 by Aspen Law & Business
• Co-author of the North Carolina section in the State-by-State Survey of the Economic Loss Doctrine in Construction Litigation monograph published in 1996 by the Litigation Section of the ABA

Mr. Senter received his B.S. degree, cum laude, and his J.D. degree, cum laude, from Wake Forest University.

• "Legal Elite" in Construction Law by Business North Carolina
• Best Lawyers in America for Construction Law
• North Carolina "Super Lawyer" for Construction Law
• American Bar Association - Construction Forum, Governing Committee (2004-2007); Chair of Division 9 Steering Committee, Specialty Trade Contractors and Suppliers (2002 - 2004); Tort and Insurance Practice Section; Litigation Section; Construction Litigation Committee
• North Carolina Bar Association - Construction Law Section Council (1992-1995)
• American Arbitration Association - Panel of Arbitrators

Mr. Senter's practice has included:

• Represent developer of $550 million dollar mixed use and DOT project
• Represent helical anchor supplier in connection with collapse of 1036 foot TV tower
• Federal court trial over structural steel supplied for the longest cable stay bridge in North America
• Prosecution of a national plumbing supply company's claim for $1.0 million owed on eight different projects in two states involving the same bankrupt utility contractor and its sureties. It also involved the separate defense of the utility contractor's $1.2 million claim for allegedly defective pipe which required the joinder of the pipe manufacturer and pipe coater. Also defended the contractor's $600,000 preference action against our client in which case contingent bond claims were asserted against the contractor's sureties.
• Representation of a structural steel fabricator with regard to construction, lien and bond issues related to its bankruptcy pending in the Southern District of New York. This involved preparing a matrix of subcontractor and supplier lien and bond rights for approximately 15 states and then analyzing the actual lien and bond rights of subcontractors and suppliers on projects in each of those states.
• General construction representation of local healthcare system which owns four hospitals and multiple other healthcare facilities in two North Carolina counties.
• Prosecution of an engineering and design firm's claim for $1.2 million due for design of a fiber optic cable system across two states. The case involved defending claims of deficient design and pursuing claims against a surety and against a contractor and owner in bankruptcy court.
• Serve as construction counsel for national building supply house, HVAC subcontractor and clean room supplier, and structural steel fabricator.

Carolina Steel Corporation v. Palmetto Bridge Constructors, 444 F.Supp 2d 577 (D.S.C. 2006)

Remington Arms Co., Inc. v. Heritage Graphics, LLC, 630 S.E.3d 743 (2006)

Sessler v. Marsh, 144 N.C.App. 623, 551 S.E.2d 160 (2001)

Security Credit Leasing, Inc. v. D.J.'s of Salisbury, Inc., 140 N.C.App 521, 537 S.E.2d 227 (2000)

Cable-La, Inc.v.Williams Communications, Inc., 104 F. Supp.2d 569 (1999)

Watson Electrical Construction Co. v. Winston-Salem, 109 N.C.App. 1994, 426 S.E.2d 420 (1993)
 

T.H. Blake Contracting Co., Inc. v. Sorrells, 109 N.C.App 119, 426 S.E.2d 85 (1993)

Hayes v. Evergo Telephone Co., Ltd., 100 N.C.App 474, 397 S.E.2d 325 (1990)

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• Construction Law Alert - Summer 2008
  This Law Alert addresses the difficult issue of how to deal with price escalations in fixed price contract negotiations and claim resolution.

• Nexsen Pruet 2008 Construction Industry Shoot