Benjamin E. "Ned" Nicholson, V

Experience

• Served as Lead Counsel for Public Utility defending $300 million in claims arising from the abandonment of nuclear plant construction project.
• 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.
• 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
• 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.
• Obtained millions of dollars of recoveries for developers and owners from contractors and design professionals for construction defects in commercial projects
• Served as Counsel in national Fair Housing Act test case for developer and National Association of Home Builders against municipality; settled favorably for clients
• Served as Counsel for software manufacturer in arbitration of dispute between manufacturer and customer regarding product performance
• Favorably settled multi-million dollar claim of contractor for extra costs in a remediation project for decommissioning of Russian nuclear submarine
• 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
• 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
• 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

Honors & Recognitions

Civic Activities

Professional Activities