Benjamin E. “Ned” Nicholson, V

Ned Nicholson leads Burr & Forman’s Construction & Project Development Practice Group. His construction practice spans project contracts, disputes and efforts to address problems while work is underway. He drafts and negotiates EPC agreements, design/build contracts and other construction contracts for manufacturers, businesses, developers and public entities, including counties, cities and school districts. He has also worked extensively with project development teams when unexpected losses or disputes with contractors or design professionals threaten to derail a project, helping them prevent or mitigate loss.

In contested matters, Ned represents clients in construction defect and compensation claims and advises on insurance coverage issues, particularly those arising in the construction industry. His broader litigation practice includes complex business and insurance coverage disputes, arbitration, and claims involving contracts, manufacturer/dealer and franchisor/franchisee relationships, unfair trade practices and intellectual property. He has extensive first-chair trial counsel experience in state and federal trial and appellate courts in multiple states.

Ned’s approach to disputes also draws on his experience as general counsel of a large outsourcing company. He uses that background in drafting contracts and providing related advice aimed at keeping clients out of court. When claims do arise, he has worked with clients in more than 100 mediations seeking resolution outside the courtroom. He is a South Carolina certified mediator.

• 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

• J.D., University of South Carolina School of Law
• B.A., Wofford College
  • magna cum laude

• Named to Chambers USA, Litigation: General Commercial since 2023
• Listed in The Best Lawyers in America®: Commercial Litigation (2011–Present); Construction Law (2021–Present); Litigation - Construction (2011–Present); Litigation - Intellectual Property (2011–Present); 
• Listed in The Best Lawyers in America®: "Lawyer of the Year" in Litigation - Intellectual Property (2019)
• Awarded the Martindale-Hubbell AV Peer Review Rating
• Listed in South Carolina Super Lawyers, Construction Litigation (2020, 2022–2026); Business Litigation (2013–2018)
• Named to Columbia Business Monthly "Legal Elite," Construction Law (2019); Business Litigation (2020, 2023–2026); Energy and Utilities Law (2019, 2021, 2023–2024); Commercial Litigation (2026)

Civic Activities

• Past Chairman, South Carolina State Museum Foundation (2015-2017)
• Past President, Palmetto Trust for Historic Preservation (2011-2012)
• Past President, Rotary Club of Five Points (2001-2002)

Professional Activities

• Member, South Carolina Bar
• The American Arbitration Association, Construction Arbitration Panel Member
• Chair, South Carolina Bar, Construction Law Section (2019-2020)
• Member, General Council of the Construction Law Section of the South Carolina Bar (2014-2022)
• Former Chair, Lawyer/Physician Relations Committee (1992-1999)
• Member, Legal Action Network for Development Strategies, National Association of Home Builders
• Member, American Bar Association ABA Construction Law Forum
• Member, Phi Beta Kappa