James E. Weatherholtz Principal

Phone: (843) 720-4628  |  Fax: (843) 723-7398  |  Email: jweatherholtz@buistmoore.com

Practice Areas
Construction
Construction Product Liability
Product Liability

James E. Weatherholtz concentrates his practice on the representation of construction products manufacturers, contractors, homebuilders and sureties. James has particular depth of experience in building products cases, where he has defended manufacturers of engineered wood siding and trim products, elastomeric coatings, metal roof shingles, built-up roofing products, solder flux, and synthetic stucco cladding.

James also has experience defending surety companies in cases involving performance and payment bonds, residential builder’s license bonds and motor vehicle dealer bonds. He regularly represents contractors and subcontractors in cases involving payment disputes and alleged construction defects.

James’ clients include product manufacturers, homebuilders, commercial and industrial contractors and lending institutions. He represents numerous South Carolina companies for general business advice and litigation of commercial and contractual disputes. His practice also includes construction contract drafting and negotiation. 

Representative Matters:

•	Co-Counsel in North Carolina Federal Court class action arising out of manufacturers marketing and sale of trim material
•	Representation of a major national corporation in defense of two federal court class action cases involving engineered wood products
•	Representation of a joint venture general contractor in a trial involving a $5 million payment claim arising from the new Cooper River Bridge project
•	Defense of an elastomeric coating product manufacturer in condominium litigation
•	Representation of contractors and construction product manufacturers in numerous matters involving multi-million dollar repairs to condominium and commercial projects
•	Drafting and negotiation of contracts for the construction of hotels, hospitals, significant subcontracts on commercial projects and high-end custom homes

Selected Reported Decisions:

•	The Roof Doctor, Inc. v. Birchwood Holdings, Ltd., 366 S.C. 637, 622 S.E.2d 746 (Ct.App. November 21, 2005)
•	Carolina Steel Corporation v. Palmetto Bridge Constructors, 444 F.Supp.2d 577 (D.S.C. 2006)

Educational Background:

•	University of Virginia School of Law, 1999 - J.D.
•	The Citadel, 1996 - B.A., History, Magna Cum Laude
	Pi Kappa Phi Highest Departmental Award

Publications, Papers, Programs and Seminars:

•	Separating Product Liability Claims from the Construction Defect Case, April 2010, DRI Product Liability Conference, Presenter
•	Contributing Author, South Carolina Damages, South Carolina Bar, 2009
•	Negotiation Tactics and Strategies, December 2009, SCDTAA Construction Law CLE, Presenter
•	Contributing Author, Construction Checklists, American Bar Association, 2008
•	I Don’t Want No ConsensusDOCS Bond Forms, or Do I?, September 2008, ABA Forum on the Construction Industry Fall Meeting, Author and Presenter
•	I Like My Odds – Using Statistical Evidence to Defend your Building Products Case, February 2008, DRI Product Liability Conference, Presenter
•	Making Mediation Work – A Model for Clients and Lawyers, September 2006, DRI Construction Law Seminar, Author and Presenter
•	Class Action Litigation for Construction Products Manufacturers, April 2006, Construction Marketing Research Council Annual Meeting, Presenter
•	Advanced Construction Law, August 2003 and November 2005, National Business Institute, Author and Presenter
•	Construction Contracting for Public Entities in South Carolina, April 2001, April 2003, and May 2007, Lorman Education Services, Author and Presenter
•	Wavier of Subrogation, May 2004, ABA Forum on the Construction Industry Annual Meeting, Author and Presenter

Professional Organizations:

•	DRI, The Voice of the Defense Bar •Chair, Building Products Specialized Litigation Group •Member, Product Liability Committee
•	American Bar Association, Forum on the Construction Industry      •Member, Division 7 Steering Committee, 2006-2009      •Division 7 Liaison to the Forum Publications Committee
•	South Carolina Bar      •Construction Law Section, Vice-Chair
•	Charleston County Bar Association   •Member, Executive Committee, 2005-2006
•	South Carolina Defense Trial Attorney's Association
•	Charleston Contractors Association

Bar Admissions:

•	South Carolina Supreme Court, 1999
•	United States District Court for the District of South Carolina, 2000

Personal Information:

•	Member, James Island Presbyterian Church