Biography
Tom has more than 35 years of experience in mediating, arbitrating, and litigating complex commercial cases. He advises clients on construction contract negotiation, claims analysis and presentation, and OSHA disputes.
Prior to joining Poyner Spruill, Tom served as Assistant Attorney General with the North Carolina Department of Justice, Highway Division.
Areas of Focus
+Construction
Representative Cases
- Enfield Timber, LLC v. C M Heavy Machinery (Halifax County Superior Court, 2024)
- Obtained a judgment for plaintiff on a breach of contract action related to the storage of materials
- Eckerd Youth Alternatives, Inc. v. North Carolina Department of Administration, Division of Purchase and Contract (2014)
- Successfully represented plaintiff in the bid protest of an award by Public Safety Purchasing and Logistics
- Royal Plus, Inc. v. FRS, Inc., et al (Mecklenburg Superior Court, 2013)
- Obtained $500,000 settlement for plaintiff on a breach of contract for restoration services
- North Carolina Department of Transportation Turnpike Authority v. G. G. Kelly et ux, et al (Wake County Superior Court, 2010)
- Served as Special Counsel to the Department in a successful action to condemn property needed for the Western Wake Expressway
- North Carolina Department of Transportation v. Triangle Brick Co. (Wake County Superior Court, 2005)
- Obtained $3.2 million settlement for client in a condemnation action
- Traylor Brothers Construction Company v. North Carolina Department of Transportation (Wake County Superior Court, 2002)
- Obtained $5.5 million settlement for client on a bridge construction project
- Commissioner of Labor v. ABF Freight Systems, Inc. (Wake County Superior Court, 2002)
- Successful appeal of an adverse OSHA administrative decision regarding loading procedures resulting in savings to the client of $1 million per year
Credentials
+Certifications & Specializations
Certified Superior Court Mediator and District Court Arbitrator
+Education
Wake Forest University School of Law, J.D.
North Carolina State University, B.A., with Honors in History
+Notable Accomplishments
Amicus Curiae Award (Friend of the Court), from the Supreme Court of N.C. (2019)
Recognized in The Best Lawyers in America® (Commercial Litigation) 2022-2024; (Construction Law) 2024
Ranked among Law & Politics magazine’s North Carolina “Super Lawyers,” (Litigation) 2006 – 2008
Listed in Who’s Who in American Law, 19th Edition
+Professional & Community Activities
North Carolina Supreme Court Historical Society, Chair of the Board of Trustees and Past President
Wake County Bar Association, Past President
10th Judicial District Bar Association, Past President
National Conference of Bar Presidents, Member
Construction Lawyers Society of America, Charter Fellow
Elder and Member of Session, White Memorial Presbyterian Church
+Selected Speaking & Writing
Author and Presenter, OSHA’S at the Door – Now What?, NC Bar Association, 2021
“When OSHA Visits: Responding to an OSHA Inspection”, Construction Commentary & Review, March/April 2017
Author, Construction Law Settlement and Negotiation, Aspatore Books, 2007
Author, Construction Contracts with North Carolina Department of Transportation, 2004
Contributing Editor, North Carolina Administrative Law Guide, Business Law Resources, Inc., 1996
Supplement Editor, Construction Litigation: Strategies and Techniques, Wiley Law Publishing, 1993
