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Meet Our Professionals

Robert Jason Herndon

Partner
Construction, Development & Condemnation Group Leader
Raleigh | 919.835.4630
Fax | 919.834.4564

Jason Herndon leads Parker Poe’s Construction, Development & Condemnation Practice. Jason concentrates his practice primarily in construction law, and his clients consist of a diverse group of industry participants that include developers and other private project owners, design professionals, public utilities, regional and national contractors, municipalities, and construction sureties. Whether advising clients in contract reviews and negotiations, counseling them on dispute management and resolution, or representing them in litigation, he prides himself on providing efficient, solutions-oriented guidance.

Jason regularly handles significant construction claims with millions of dollars – and sometimes tens of millions of dollars – at stake for his clients. He has successfully litigated a wide variety of construction issues, including scheduling/delay disputes, design defects, disruption and productivity claims, construction defects, cumulative change impacts, payment and performance bond claims, mechanics' lien claims, and contract disputes. In addition to his litigation work, he also routinely provides advice to his clients on dispute avoidance and mitigation, contract negotiation issues, and professional licensing.

Jason is a previous chair of the North Carolina Bar Association's Construction Law Section. He has also served as chair of its Lien and Bond Law Revision Committee and the Ethics and Legislative Affairs Committee. He frequently speaks to industry groups on a range of construction topics that include professional liability, delay claims, mechanics' liens, and contract issues. Jason's construction law work has been recognized by numerous publications, including The Best Lawyers in America, Benchmark Litigation, and Business North Carolina.

In addition to his construction practice, Jason also represents clients in connection with landlord-tenant issues, debtor-creditor claims, class action defense, and other commercial disputes. He is certified by the North Carolina Dispute Resolution Commission (NCDRC) as a Certified Mediator. Before joining Parker Poe, he clerked for the Honorable Lacy H. Thornburg, United States District Court Judge for the Western District of North Carolina.

In 2019, the Triangle Business Journal named Jason among the 40 top business leaders under the age of 40 in the region.

Representative Experience

  • Represented a public utility in defense of delay, disruption, and change order claims, and in prosecution of claims for construction and design defects on a state-of-the-art power plant up-fit project.
  • Represented a municipality in defense of disruption and impact claims by general contractor arising out of public utility project.
  • Represented an international structural engineering firm in defense of professional negligence claims related to design of a cast-in-place post-tensioned bridge.
  • Represented a regional architect in defense of delay, design, and construction administration claims related to a restaurant up-fit project.
  • Represented a payment and performance bond surety in defense of claims arising out of public airport project and in prosecution of recoupment claims against project owner.
  • Represented a national contractor in connection with licensing and public bidding issues arising out of asset purchase.
  • Represented a regional civil engineering firm in a fee collection dispute including successful prosecution of appeal.
  • Represented a material supplier in an "approved bidder" dispute with state agency.
  • Represented solar project developers in prosecuting delay and defective construction claims, and defending against defective module and tracker design claims, across a series of seven utility-scale projects.

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Honors & Awards

  • The Best Lawyers in America in Construction Litigation, 2019-2025; Construction Law, 2024-2025
  • Benchmark Litigation, Future Star in North Carolina, 2018-2025
  • Business North Carolina magazine’s "Legal Elite" in Construction, 2015-2016, 2019-2021, 2023-2024
  • Triangle Business Journal's 40 Under 40, 2019
  • North Carolina Super Lawyers Rising Star, 2010-2013
  • Martindale-Hubbell AV® Preeminent™ in Construction Law
  • Eagle Scout, Boy Scouts of America
  • Order of the Coif
  • National Trial Advocacy Competition Champion, 2004

Memberships

  • Marbles Kids Museum, Board of Directors, 2016-present; Board Chair, 2023-present; Former Facilities Committee Chair
  • North Carolina Bar Association Construction Law Section, Chair, 2018-2019; Vice Chair, 2017-2018; Lien Law Committee, Past Chair; Ethics & Legislative Affairs Committee, Past Chair
  • Lupus Foundation of America, North Carolina Chapter (LFANC), Board of Directors, 2013-2019; Board Chair, 2017-2019; Vice Chair, 2015-2017
  • Wake County Library Commission, Vice Chair, 2011-2012; District 2 Commissioner, 2009-2013
  • Yates Mill Associates, Board of Directors, 2009-2012