AA Contact info

Linda Hill
Phone: 919.838.2043
Fax: 919.821.6800
lhill@smithlaw.com

Practice Areas

Bar & Court Admissions

  • All North Carolina State Courts
  • U.S. District Courts for the Eastern, Middle and Western Districts of North Carolina
  • U.S. Court of Appeals for the Fourth Circuit

Education

University of North Carolina, J.D., with honors, 1998

Villanova University, B.A, with a minor in Religious Studies, 1988

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Photo of Wayne K. Maiorano

Wayne K. Maiorano

Partner
  • 150 Fayetteville Street, Suite 2300
    Raleigh, North Carolina 27601
  • Phone: 919.821.6684
  • Fax: 919.821.6800

Wayne Maiorano is a Partner at Smith Anderson in Raleigh. His practice focuses on construction, real estate development and land use and zoning.

Wayne advises clients on all aspects of the private and public construction process on commercial and residential projects, including contract drafting, project management and closeout, payment disputes, surety bond claims, insurance claims and coverage issues, and design and construction defect claims. He routinely represents parties in the construction and development industry, including owners, developers, contractors, sureties and lenders.

Wayne also advises clients with respect to real estate and development related matters, including real estate and banking disputes, landlord-tenant issues, foreclosures, receiverships, creditor rights and bankruptcy.

Within the land use and zoning area, Wayne represents national and regional developers and land owners before governing authorities, agencies, boards and commissions throughout North Carolina. He advises clients on all facets of land use, including rezoning cases and obtaining development approvals. 

Professional & Community Affiliations

  • Member, Dorothea Dix Park Master Plan Advisory Board 
  • Member, City of Raleigh's Code of Conduct Committee
  • Member, Board of Directors, Dix Park Conservancy
  • Member, Wake County Planning Board
  • Member, Board of Directors, Triangle Community Coalition
  • Hall of Fame Inductee, Greater Raleigh Chamber of Commerce Leadership Raleigh Hall of Fame (2014)
  • Member, Associated Builders and Contractors Triangle Council – Government Affairs Committee (2012-Present)
  • Member, Urban Land Institute Triangle District Council
    • Management Committee (2007-2016)
    • Chair, Advisory Board (2016), (Past Chair 2011-2013)
    • Member, Advisory Board (2011-Present)
    • Market Impact Regional Council (2014-Present)
    • Chair of Mission Advancement (2016)
  • Member, Triangle Veterans Association, Inc.
  • Member, American Bar Association, Fidelity & Surety Law Committee
  • Former Co-Chair, Construction Committee-North Carolina Association of Defense Attorneys
  • North Carolina Bar Association:
    • Former Member, Design Professionals Liaison Committee
    • Former Member, Construction Law Section & Minority Contractors of N.C. Joint Committee
  • Former Member, Raleigh City Council (Dec. 2013 - Nov. 2015)
  • Former Member, Vaco Healthcare Advisory Council Board (2013)
  • Assistant Editor, North Carolina Construction Law Deskbook (2nd, 3rd, 4th and 5th Editions)
  • Member, City of Raleigh Appearance Commission (2010-2013)
  • Member of the not-for-profit Board of Directors, Rebuilding Together of the Triangle, Inc. (2005-2013) (Chair 2009-2011)
  • Graduate of the Greater Raleigh Chamber of Commerce 25th Class Leadership Raleigh Program (2010)
  • Former Chair, Raleigh Chamber of Commerce Emerging Leaders Program (inaugural class, 2010-2011)
  • Former member of the not-for-profit Board of Directors for CASA (Community Alternatives for Supportive Abodes) (2002-2005)

Honors & Awards

  • The Best Lawyers in America©, Construction Law; Litigation - Construction (2014-2017)
  • Business North Carolina Legal Elite, Construction (2007, '08, '12, '13, '14)
  • North Carolina Journal of International Law and Commercial Regulation Managing Editor (1997-1998)
  • Active duty service in the United States Marine Corps (Captain) (May 1988 – July 1994)

Experience

  • Represented Fortune 250 company in negotiations and preparation of engineering, procurement and construction (EPC) agreements for the construction of three solar facilities, totaling 128 megawatts of capacity
  • Represented international biotechnology corporation on engineering, procurement, and construction management (EPCM) agreement and all construction and procurement related agreements for the construction of a $600 million chemical manufacturing facility
  • Represented international corporation on construction agreement for a $40 million renovation of its Americas headquarters
  • Represented national contractor in multi-million-dollar, multi-party litigation involving the developer, lenders and subcontractors arising out of the construction of six hotels in four states, which resulted in a favorable settlement for contractor-client
  • Represented contractor in multi-party construction defect litigation arising from development of large multi-family residential community involving multi-million-dollar damages claims
  • Represented general contractor in multi-party construction defect litigation arising from a large residential project and negotiated favorable resolution for contractor-client
  • Assisted large publicly traded office REIT in the preparation of form construction contract documents
  • Represented owner in the preparation and negotiation of an engineering, procurement and construction (EPC) agreement for construction of a $80 million alternative fuel manufacturing facility
  • Represented Fortune 250 company on a $25 million engineering and fabrication agreement for work on a nuclear power plant facility
  • Represented contractor in dispute arising from construction defect claims involving construction of a $48 million performing arts center
  • Represented developer in dispute with national home builder arising from defective site condition claims and breach of takedown agreement and negotiated favorable resolution for developer-client
  • Represented international biotechnology corporation on the negotiation and preparation of multiple engineering, procurement, and construction management (EPCM) agreements and construction contracts for design and construction of multiple research and development facilities built in North and South America
  • Represented general contractor on contract preparations for construction of multi-million-dollar multi-family project
  • Represented surety in resolving more than 75 payment and performance bond claims totaling in excess of $1 million arising from the default of the bonded-principal and in closing out seven separate construction projects
  • Represented developer-owner in litigation arising from multi-million-dollar loan default on large commercial and industrial property, successfully avoiding foreclosure and reaching a favorable settlement for borrower-client
  • Represented national food service distribution company in negotiations and construction of complex build-out of 150,000 square foot regional distribution center, including dry and cold storage facilities, including preparation of design and construction documents and assistance with project issues
  • Represented owner of 100,000 square foot regional warehouse and distribution center and adjoining captive vehicle maintenance facility in dispute arising from substantial and costly design and construction defect claims as to both facilities
  • Represented building owner in dispute with and subsequent bankruptcy filing by defaulting tenant, involving complicated claims concerning possession, safety and security over highly regulated radioactive materials maintained in the leased premises
  • Represented owner/developer in preparation of construction agreements for $40 million redevelopment of an office tower into a boutique hotel
  • Represented owner/developer on design and construction agreements for construction of national brand hotel
  • Represented lender in an action brought by guarantor on a series of construction and business loans in default, including alleged claims for breach of fiduciary duty and fraud arising from lender’s alleged failure to uncover and disclose embezzlement by member of borrower

News

Publications

Co-Author of the chapter on Licensing of Construction Professionals in the North Carolina Construction Law Deskbook

Co-Author, “Recent Changes to North Carolina Mechanics Lien & Payment Bond Law,” Change Order, February 2013

Co-Author, “Recent Changes to North Carolina Mechanics Lien & Payment Bond Law,” Disclosure Statement,  November 2012

Co-Author Article: "Incorporation by Reference-Be Clear or Beware," Change Order, October 2008

North Carolina Journal of International Law and Commercial Regulation: "Importation: Does it Really Mean From Any Place Outside the United States?: United States v. Ramirez-Ferrer"

Events