Patterson Dilthey Attorneys at Law

Construction defect litigation is an area of rapid growth and dramatic concern in both the insurance industry and the construction industry itself. The influx of population and businesses to North Carolina created a building boom which necessitated the use of multiple contractors, contractors new to the area and, to some extent, inexperienced and inexpert workers, all of which are contributors to increased claims of alleged construction defects. In addition, new areas of claims such as EIFS and mold contamination have sent the message that construction claims can be profitable ones for plaintiffs’ attorneys. Another growing aspect of construction litigation is that of workplace injuries, and the respective liability of the multiple employing contractors and subcontractors on site.

In this environment, construction litigation has been an area of increasing focus for our firm. We have extensive experience representing clients form all facets of the construction environment, including developers, general contractors, subcontractors, suppliers and owners. We have also been extensively involved in mold litigation, and have defended both builders and insurance companies in cases alleging mold infestation and resulting property damage and physical injury.

Our attorneys represent clients in construction litigation in state and federal courts and arbitration panels throughout the state, and have presented continuing education lectures on construction law issues to other attorneys as well as insurance and construction industry professionals. Our representation of construction clients has included defense of a wide variety of allegations of construction defects, prosecution of third party and cross claims against design professionals and other involved entities, defense and prosecution of lien claims, and prosecution of payment actions. In addition, we offer comprehensive experience in representing contractors in cases of catastrophic jobsite injuries suffered by employees of subcontractors or other invitees.

In addition to the many insurance clients we have represented as designated defense counsel and in coverage matters, we have worked directly for a number of prominent builders and developers, including Tall House Building Company, Coastal Caisson, Concrete Pumping International, LLC, Robert Abee and Bassett, LLC, Woodcrest Heating and Cooling, Riggs Harrod Construction, Pickard Roofing, and David Daniel Construction.

Patterson Dilthey has a long history of representing employers of every size in navigating the complex web of federal and state employment laws. From North Carolina’s Wage and Hour laws and issues involving unemployment insurance to the Americans with Disabilities Act, Family and Medical Leave Act and the growing areas of anti-discrimination and insurance compliance, our employment attorneys provide up to the minute legal evaluation and guidance to prevent problems from arising and experienced defense counsel when problems arise.

Our employment attorneys have years of experience in preparation of employee handbooks, evaluating and drafting employment forms, training in human resources administration and claim investigation. We have experience in federal and state courts throughout North Carolina, as well as all applicable administrative agencies.

Representing insurance companies in coverage disputes is another service our firm offers. Whether our clients need a coverage analysis and opinion; assistance in drafting a reservation of rights letter; help in negotiating with the insured's coverage counsel; or formal representation in prosecuting or defending a declaratory judgment action from complaint through appeal, in state or federal court, members of our firm having been handling coverage matters for our clients for over 35 years.

In recent years we have handled (or are now handling) coverage matters where the underlying claims were for infringement of intellectual property rights; defamation; motor vehicle negligence; construction defects; unfair and deceptive trade practices; nuisance; trespass; punitive damages; mold infestation; lead poisoning; groundwater and soil contamination and pollution; attorney negligence; nursing home abuse; assault; sexual assault; and other claims. These coverage matters have necessitated an analysis of numerous policies, including CGL policies, inland marine policies, malpractice policies, umbrella policies, property damage policies, and boiler and machinery policies, among others.

Malpractice lawsuits against attorneys have become more common in North Carolina in today's litigious society. At Patterson Dilthey, our lawyers have been defending other lawyers in professional liability lawsuits for over 30 years. When lawyers become clients they are placed in unfamiliar roles that require the confidence of knowing that their lawyer can understand their practice area as well as they can. We have defended lawyers in matters concerning missed statutes of limitations and other deadlines, real estate, trusts and estates, civil litigation, bankruptcy, pension and employee benefits and many other areas. The skill, reputation and experience of our trial lawyers have been sought out by large multi-state law firms as well as solo practicioners here in North Carolina. Ron Dilthey has defended as many lawyers in malpractice actions in North Carolina as almost anyone, if not anyone in the State. Chris Derrenbacher has also developed substantial experience defending attorneys.

In addition to defending cases where suits have been filed, our lawyers have been asked to handle "claims repair" matters for insurance carriers who request our assistance in undoing errors made by their insured-attorneys before they become malpractice claims. Our lawyers have successfully assisted many other lawyers in avoiding malpractice claims by providing them with timely legal advice which allowed them to correct errors that could have lost their client's case. At Patterson Dilthey, we have defended the lawyer-insureds of several insurance carriers, most notably, North Carolina Lawyers Mutual Liability company, the largest insurer of attorneys in the State. While no lawyer hopes to need our services in this regard, many lawyers in this State and other states have benefitted from our firm's expertise in this area.

Patterson Dilthey has a long history of defending medical and dental professionals. Jennifer St.Clair currently spends a great deal of her time defending matters involving alleged dental malpractice, including representing dentists before the North Carolina Dental Board.

A large component of the firm's general liability practice involves the handling of automobile liability cases involving both trucks and cars, and ranging from cases of wrongful death or catastrophic injuries to minor impact cases with only soft tissue injuries or just property damage. We have tried cases in nearly every county in the central and eastern part of the State, as well as in many of North Carolina's federal judicial districts . We represent large and small national commercial general liability carriers and personal vehicular liability carriers throughout all stages of trial, including appeals. Our lawyers have tried hundreds of automobile liability cases to a jury verdict, and we are known by the plaintiff's bar for our willingness to try any case assigned to us. With our depth of experience, we are able to staff each case with the best trial lawyer suited for the particular case.

Patterson Dilthey attorneys have been at the leading edge of the development of premises liability law in North Carolina. Having successfully defended cases representing all aspects of premises liability law, from actions against private home owners to commercial properties and public lands, we have made the arguments that have helped our courts shape the common law.

Our clients range from small property and business owners to large corporations, retail chain stores and insurance companies. Our attorneys are experienced and available for consultation regarding preventative measures, evaluation of potential claims and training of appropriate employees in accident documentation, investigation and evaluation.

We have many highly experienced attorneys that have assisted in resolving claims from the negotiation stage through trial and appeal in state and federal court, as well as the North Carolina Industrial Commission.

At Patterson Dilthey, we have been defending lawsuits arising out of claims of products' defects for nearly 40 years. The firm has the experience and expertise in the defense of a wide range of products liability claims. Our attorneys have represented clients in claims involving toys, ladders, food products, motor vehicles, industrial machinery, prescription drugs and medical devices, orthopedic implants, consumer appliances, asbestos, and other products. Whether you are a manufacturer, wholesaler or retailer of a product, the firm can provide you with the technical or scientific expertise and legal knowledge necessary to vigorously defend your interests when a person contends that they were injured due to a defective product. We have successful defended through trial and appeal local, regional, national and international companies against products liability lawsuits, and our lawyers are ready to meet the needs of your company in the event your product is alleged to have caused injury.

Patterson Dilthey has several attorneys who devote all or a substantial portion of their practice to the defense of workers’ compensation claims in North Carolina. Our attorneys have many years experience representing employers, self-insureds, insurers, third party administrators and guaranty associations. The attorneys of Patterson Dilthey are committed to effective and efficient handling of claims from their inception through mediation, hearing and appeals all the way to the North Carolina Supreme Court.

At Patterson Dilthey we are committed to not only zealous advocacy of our clients during litigation, but are further committed to keeping our clients updated on recent changes and developments in the law so as to best serve their individual needs. A proven track record with clients and willingness to take any case to a decision, if necessary, give us credibility with the Industrial Commission and plaintiffs’ bar. We try to staff each case with lawyers you select so as to generate successful long term relationships and positive results. Employers and insurers can have confidence that any case handled by our attorneys and staff will be given individual attention so as to insure the best possible representation is provided.

Our firm represents Indian tribes in various legal matters, including housing, employment, government regulation and tribal administration. Ed Brooks leads our Indian law department.