Practice Areas

The attorneys at Smith Terry & Johnson strive to apply common sense, hard work, creativity and a practical approach to the legal issues we address. Our goal is to help our clients to avoid disputes if possible, document disputes when they arise, and to resolve disputes in the most efficient manner. We seek to provide high quality legal service that is thorough, efficient, responsive and cost effective.

The firm strives to preserve a client’s profit by managing risk.

General Litigation

The attorneys at Smith Terry & Johnson have been admitted to practice by the state bars of North Carolina, Georgia and Nebraska. In addition, they have represented clients civil litigation in each of the Federal District Courts in North Carolina and South Carolina, the Southern District of Mississippi and the Western District of Pennsylvania, as well as the Court of Federal Claims and the Federal Contract Boards of Appeal. Our lawyers regularly appear on behalf of clients in hearings, trials, administrative proceedings, arbitrations and other alternative dispute resolution settings.

Construction Law

Our clients often seek assistance in pre-project planning and risk analysis, drafting and negotiating construction contracts, subcontracts and teaming arrangements. During project execution we are called upon to assist in change order identification, preparation and prosecution, as well as the filing and enforcement of mechanic’s liens, materialmen’s liens and payment bond claims. We often assist clients in reviewing the effectiveness of their project documentation systems and suggesting improvements to improve the bottom line.

Government Contracts

Members of the firm have extensive experience with Federal and North Carolina procurement laws and regulations. We provide advice to clients regarding compliance with the Federal Acquisition Regulations and other laws and regulations governing contracts with the Federal government. We have represented clients in bid protests before the Government Accountability Office, the Court of Federal Claims and other state and Federal agencies. We routinely advise and represent clients with respect to the identification, documentation, preparation, submission and prosecution of claims before state and Federal agencies.

Corporate Counseling

The attorneys at Smith Terry & Johnson advise clients on every aspect of corporate existence – from choosing the right entity to assisting the client as it grows into new markets and geographic areas to facilitating mergers, acquisitions or divestitures. Our preferred relationship is one of trusted advisor to the client’s owners and/or senior managers.

Commercial Real Estate Development and Management

We provide assistance to commercial real estate developers and real estate managers in the preparation of purchase and sale agreements. We also draft documentation for condominiums, and do drafting of other condominium documents, owners association agreements and lease agreements for retail operations.

Alternative Dispute Resolution

Each partner is a certified by the North Carolina Dispute Resolution Commission to conduct Mediated Settlement Conferences for cases before North Carolina Superior Courts. This training and experience gives our lawyers a unique perspective in the resolution of disputes – whether we are acting as a third party neutral or as an advocate on behalf of clients. We are often called upon by other parties to serve as arbitrators or mediators to assist others in resolving disputes.

Some other detailed services we provide are as follows:

  • Business Formation
    • C-Corp, S-Corp, LLC, LLP
  • Contract Drafting and Negotiation
  • Dispute Prevention and Avoidance
    • Contract Review, Risk Analysis, Project Document System Evaluation, Claim Recognition and Documentation
  • Alternative Dispute Resolution
    • Mediation, Arbitration, and Third-Party Neutral Evaluation
  • Federal Government Procurement Litigation
    • Bid Protests, Miller Act Claims, Requests for Equitable Adjustment, ASBCA Appeals
  • State Procurement Litigation
    • State Construction Office Claims, Administrative Appeals, Payment Bond Claims
  • Construction Litigation
    • Bid Mistakes, Change Orders, Differing Site Conditions, Delays, Non-Payment Issues, Liens, Payment and Performance Bond Claims, Terminations, Insolvency, Warranty Claims
  • Civil Litigation
    • Shareholder Disputes, Contract Disputes, Trade Secret Protection, Real Property Disputes
  • Corporate Transactions
    • Mergers, Acquisitions, Divestitures, Restructuring
  • Suretyship Issues
  • Manufacturing and Service Contracting Issues
    • Sales, Purchasing, Distributorship, Supply, Licensing, Service, Confidentiality, Non-Compete, Joint Ventures
  • Commercial Real Estate Development and Management
    • Purchase and Sale Agreements
    • Condominium Organization and Documentation
    • Owners Association Documents
    • Lease Agreements