Wayne Maiorano is a Partner at Smith Anderson in Raleigh and co-leads the firm's Real Estate Development practice group. His practice focuses on construction, real estate development and land use and zoning.
Wayne advises clients on all aspects of the construction process on commercial, industrial, utility and residential projects, including contract drafting, project management and closeout, payment disputes, surety bond and insurance claims and coverage issues, and design and construction defect claims. He routinely represents parties in the construction and development industry, including corporate owners, developers, contractors, sureties and lenders.
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
- Former Member, Raleigh City Council (Dec. 2013 - Nov. 2015)
- Member, Board of Directors, Dix Park Conservancy (2016-Present)
- Executive Committee Member
- Co-Chair, Government Relations Committee
- Former Finance Committee Chair
- Member, City of Raleigh's 2017 Transportation Bond Campaign Committee
- Member, Dorothea Dix Park Master Plan Advisory Board (2017-April 2018)
- Chair, City of Raleigh's Code of Conduct Committee (2016)
- Member, Wake County Planning Board (2016-2018)
- 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 (2012-2014)
- Member, Urban Land Institute Triangle District Council
- Management Committee (2007-June 2018)
- Chair, Advisory Board (2016-June 2018 and 2011-2013)
- Chair of Mission Advancement (2016-June 2018 and 2011-2013)
- Former Co-Chair, Construction Committee-North Carolina Association of Defense Attorneys
- 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
- Best Lawyers®, Construction Law; Litigation - Construction (2014-2021)
- Business North Carolina Legal Elite, Construction (2007, '08, '12, '13, '14, '20)
- Chambers USA: America’s Leading Lawyers for Business, Construction (2020)
- 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)
- Represented Fortune 250 company in negotiations and preparation of engineering, procurement and construction (EPC) agreements for the construction of numerous solar facilities, totaling approximately 215 megawatts of capacity and $350 million in capital investment.
- Represented international biotechnology corporation on engineering, procurement, and construction management (EPCM) agreement and all construction and procurement related agreements for the planned construction of a chemical manufacturing facility estimated at approximately $600 million.
- Represented international biotechnology corporation in negotiations and preparation of engineering, procurement, and construction management (EPCM) agreement and all construction and procurement related agreements for the construction of three chemical facilities valued at approximately $130 million, $50 million and $40 million, respectively .
- Represented manufacturer and distributor of specialty pharmaceutical products in negotiations and preparation of design and construction contracts for the construction of an approximately $80 million manufacturing facility.
- Represented pharmaceutical manufacturer in negotiations and preparation of design and construction contracts for the construction of an approximately $30 million manufacturing facility.
- Represented international corporation on construction agreement for an approximate $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.
- Assisted large publicly traded office REIT in the preparation of form design and construction contract documents.
- Represented owner in the preparation and negotiation of an engineering, procurement and construction (EPC) agreement for construction of a planned alternative fuel manufacturing facility with an estimated value of $80 million.
- 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 14 research and development facilities built in North and South America, totaling approximately $100 million in capital investment.
- 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 a national brand hotel with an approximate value of $25 million.
Represented international financial services company with respect to the development (design and construction) agreements in connection with the expansion of its North Carolina facilities, including newly constructed office building and full demolition and renovation of an existing office building, estimated cost of $80 million.
- Represented national construction firm in a $6 million dispute with a subcontractor arising out of a 260,000 square feet multi-tower containing approximately 700-bed student housing and dining facilities, which resulted in favorable resolution for client.
- Represented utility company in connection with the significant refurbishment of a combustion turbine power plant facility, which included the drafting and negotiating of several engineering, procurement and construction agreements in parallel, with an estimated cost of approximately $20 million.
News & Publications
- 2021 Best Lawyers® and The Best Lawyers: Ones to Watch Recognize Largest Group of Smith Anderson Lawyers in Firm’s HistoryThe 2021 Best Lawyers®, 08.20.2020
- Yahoo Finance, 04.23.2020
- Chambers USA, 04.23.2020
- Triangle Business Journal, 04.10.2020
- Business North Carolina, 01.10.2020
- Smith Anderson Leads “Best Lawyers®” Rankings with 71 Recognized Lawyers and 11 “Lawyers of the Year” - Most of Any Raleigh Law FirmThe Best Lawyers in America©, 08.20.2019
- The Best Lawyers in America©, 08.15.2018
- The Best Lawyers in America©, 08.15.2017
- 2017 The Best Lawyers in America© Guide Recognizes 62 Smith Anderson Lawyers – Most in the Firm’s History08.15.2016
- 2016 The Best Lawyers in America© Guide Lists 60 Smith Anderson Lawyers – Most in the Firm’s History08.17.2015
- Wayne Maiorano Speaks to the North Carolina Chapter of the CCIM on Risks and Returns in Commercial Investments03.27.2013
- Emerging Trends in Real Estate, 12.06.2012
- Scott Miskimon, Wayne Maiorano and Toby Coleman Author Article in the North Carolina Bar Association’s Change Order Publication05.25.2012
- Wayne Maiorano and Anna Osterhout Presented “Lien Law Implications of a Defunct Contractor” at the North Carolina Bar Association’s 2010 Construction Law Program03.01.2010
- 04.14.2020(Referenced on Realtor.com and SFGate*)
- 01.2010Printed in Change Order, also in Disclosure Statement, October 2009 (publications of the Construction and Bankruptcy Sections of the North Carolina Bar Association respectively)
- 10.2007Change Order, North Carolina Bar Association Construction Law Section Newsletter
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"
- Co-Presenter, "Zoning and Land Use Regulations," Laying the Foundation, Brick by Brick: A Sticks-and-Bricks Program for Construction Law, Live Webcast hosted by NCBA Construction Law Section09.25.2020
- Presenter, "COVID-19 and the Implication on Contract Obligations," SGA Natural Gas Connect Academy07.22.2020
- Panelist: "Movements and Meaning for Local Governments in Today's Shifting Policy Landscape," UNC School of Government Public Executive Leadership Academy Program, Chapel Hill, N.C.08.2017
- Panelist: "Do’s and Don’ts of Representing Clients in Legislative and Quasi-Judicial Proceedings," NCBA Zoning Planning Land Use CLE, Cary, NC04.2017
- Discussion Leader: "Housing Trends-Crisis or Opportunity: Exploring the market, workforce and subsidized housing markets," panel discussion at the ULI Triangle District Council's 2017 Real Estate Emerging Trends Conference11.2016
- Moderator: "Innovation by Design," panel program at the 2013 Sir Walter Raleigh Award Ceremony10.2013
- Panelist: "North Carolina's Lien Law," Construction Management Association of America05.2013
- Panelist: "Working with the New Mechanics Liens and Payment Bond Laws," Workforce Development Lien Law Changes Panel, Carolinas Chapter of Associated Builders and Contractors05.08.2013
- Presentation: "Risk & Returns – Commercial Investments at the Property Level, a Construction Perspective," NC CCIM02.2013
- Panelist: "Urban Innovation and District Councils – Changing the Game for Communities," Urban Land Institute 2012 Spring Meeting05.2012
- Presentation: "Complying with Rules and Regulations in the Practice of Professional Engineering," Legal Issues for Professional Engineers Seminar11.2011
- Presentation: "Construction Contracting in Changing Times – Dealing with the New Normal and the Coming of IPD," Construction Management Association of America11.2011
- Presentation: "Legal Risk Associated with BIM and the Integrated Project Delivery Process," American Institute of Architects – Triangle Section10.2011
- Panelist: "Integrated Project Delivery – Legal Landscape," 3rd Annual North Carolina Design and Construction Forum10.2011
- Presentation and Manuscript: "Recent North Carolina Bankruptcy Decisions Affecting Contractors' Lien Rights," Western District of North Carolina Bankruptcy SeminarSpring 2010
- Presentation: "Integrated Project Delivery Method - A Case Study," American Institute of Architects of North Carolina 2010 Annual Conference2010
- Presentation and Manuscript: "Lien Law Implications of a Defunct Contractor," NCBA Construction Law Winter Program02.2010
- Presentation: "Recent Construction Case Law and Legal Trends in North Carolina"11.2009
- Presentation: "Integrated Project Delivery System," North Carolina State Construction Office 2009 Annual Conference2009
- Presentation: "Recent Construction Case Law and Legal Trends in North Carolina"11.2008
- Presentation and Manuscript: "Recent Developments in North Carolina Construction Law," NCADA Annual Conference06.2006
- Presentation and Manuscript: "Trigger of Coverage Under an 'Occurrence' Policy – The Road from Tuffco to Harleysville," NCADA Annual Conference06.2005
- Presentation: "Indemnification and Contribution-the Kaleel case," NCADA Annual Conference06.2004
- Presentation and Manuscript: "Legal Issues Arising from Water Intrusion and Mold," NCADA Fall Conference10.2003
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
University of North Carolina, J.D., with honors, 1998
Villanova University, B.A, with a minor in Religious Studies, 1988