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1951 Clark Avenue
Raleigh, NC 27605
T: (919) 828-2501
F: (919) 834-8447

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Areas of Practice

Education

  • B.S. Western Carolina University
    Cullowhee, North Carolina
    (magna cum laude) 1997
  • Oxford University St. Anne's College
    Michaelmas Term Oxford, England
    1995
  • J.D. Villanova University
    Philadelphia, Pennsylvania
    2000

Brian S. Edlin

Member

Mr. Edlin focuses his practice on business and construction litigation matters, as well as, community association law.   He regularly represents subcontractors and general contractors in lien lawsuits, payment bond claims, construction defect claims and advises construction clients with respect to contracts, change orders and other legal documents in the construction process.

 

Mr. Edlin has represented contractors in state and federal courts and at the appellate level in various types of cases. He has handled oral arguments before the North Carolina Court of Appeals and has briefed cases before the North Carolina Supreme Court. He has also defended contractors in cases arising out of construction accidents and litigated cases involving insurance disputes and coverage issues. In addition to his construction practice, Mr. Edlin has also represented employers in Wage and Hour Act claims; both condemning authorities and land owners in condemnation actions; and defends companies in bankruptcy preference actions.

 

Mr. Edlin also advises boards, property managers and members of community associations on the various legal aspects of community association law, including membership and board meetings, voting and quorum requirements, covenant interpretation and enforcement of various use restrictions.

Admissions

  • North Carolina
  • United States District Court, Eastern, Middle and Western Districts of North Carolina

Reported Cases

  • Wise v. Harrington Grove, et al., 151 N.C. App. 344, 566 S.E.2d 499, (2002), rev’d on appeal, 357 N.C. 396, 584 S.E.2d. 731 (N.C. 2003)

  • Murphy Family Farms v. North Carolina Department of Environment and Natural Resources, 160 N.C. App. 338, 585 S.E.2d 446 (N.C. Ct. App. 2003), rev'd on appeal, 359 N.C. 180, 605 S.E.2d 636 (2004)

  • Armstrong v. Ledges Homeowners Ass'n, Inc.,360 N.C. 547, 633 S.E.2d 78 (N.C., 2006), Amicus Curiae

  • Reidy v. Whitehart Association, Inc., 185 N.C. App. 76, 648 S.E.2d 265 (2007), appeal dismissed, review denied, 361 N.C. 696, 652 S.E.2d 651 (2007), cert. denied,128 S.Ct. 1484 (2008) (successfully argued before the trial court and North Carolina Court of Appeals in case challenging the constitutionality of the Planned Community Act, N.C.G.S. §47F-1-101, et seq., as it applies to pre-1999 communities)

  • Schwartz v. Banbury Woods, ____ N.C. App. ____, 675 S.E.2d 382 (2009) (successfully argued for dismissal of case against homeowners association challenging enforcement of covenants which dismissal was subsequently affirmed by the Court of Appeals)
  • Katherine M. McCraw v. George W. Aux, ____ N.C. App. ____, ____ S.E.2 ____ (2010)
  • Cleveland Construction, Inc. v. Ellis-Don Construction, Inc., et. al., ____ N.C. App. ____, ____ S.E.2d ____ (2011) (affirming $1.6 million judgment in favor of subcontractor on public construction project)

Professional/Community Activities/Publications

  • AV Peer Review rated
  • Member, North Carolina State Bar and Tenth Judicial District, North Carolina Bar Association, American Bar Association
  • Commnity Association Institute Amicus Committee (2010 - 2012)
  • North Carolina Super Lawyers "Rising Star" (2011, 2012)
  • Recipient, Western Carolina University Young Alumnus Award, 2003
  • Member, Board of Directors, Western Carolina University Alumni Association, 2003-2005
  • Member, Client Rights Committee for Supports Works, Inc. (2003-2010); Member, Board of Directors for Supports Works, Inc. (2010 - 2011 )
  • Head Coach, Lake Lynn Mitey Mite Panthers, 2003-2004
  • Author and Presenter, Corporate Governance Issues for Common Interest Communities, Special Issues for Condominiums and Planned Community Associations in North Carolina, Lorman Education Services, 2006
  • Author and Presenter, Supreme Court Overturns Important Court of Appeals Decision, What are the Implications? North Carolina Community Association Institute Fall Conference and Annual Meeting, Charlotte, North Carolina, 2006
  • Author and Presenter, Review of Legislative Changes and Recent Decisions Affecting Amendments, Covenant Enforcement and Assessments, North Carolina Community Association Institute Fall Conference and Annual Meeting, Cary, North Carolina, 2007
  • Happy Anniversary!  A Look Back at the First Ten Years of North Carolina's Planned Community Act, December, 2008, Real Property Newsletter for North Carolina Bar Association
  • Author and Presenter, Contracts and Subcontracts on Public Projects and Recent Bankruptcy Cases Impacting Contractors’ Lien Rights,  HalfMoon Seminars,  LLC, Greensboro, North Carolina, 2010
  • 2010 North Carolina Legislative Roundup for the Construction Industry, October, 2010, Construction Law Newsletter for North Carolina Bar Association
  • Author and Presenter, Liability for Defects and Failures,  HalfMoon Seminars,  LLC, Chapel Hill, North Carolina, 2011