Fenton T. Erwin, Jr.

Fenton is a seasoned trial lawyer, having tried more than 100 jury cases in his long and distinguished career.  Fenton is well-known for his acumen in the courtroom and his ability to connect with a jury.  His clients develop a special trust and confidence in him such that they seek his advice on all legal matters.  Fenton is his clients' trusted counselor.

Fenton focuses his practice on business disputes, construction matters, and serious personal injury cases, but is admired for his breadth of knowledge on all legal subjects. He is North Carolina legal counsel for the American Subcontractors Association of the Carolinas and was a principal draftsman of the North Carolina Prompt Pay Act and the North Carolina statute rendering "pay when paid" clauses unenforceable. He has represented several clients whose cases have reached the Supreme Court of the United States, the Supreme Court of North Carolina, and the Court of Appeals of North Carolina, some of which established valuable precedents in the law. Fenton is highly sought after for his wisdom and guidance in counseling clients through all types of litigation, arbitration, and legal issues.

Fenton is active and well-respected in the North Carolina legal community. He is a member of the American Bar Association where he served on the Construction Forum.  He regularly gives presentations to construction industry trade groups and continuing legal education programs.

Fenton is a certified mediator and is often asked to serve as neutral mediator or as an arbitrator to resolve disputes.

Representative Cases

Carolinas Building Services v. Boardwalk, LLC, 362 N.C. 262 (2008)

Fenton and Lex Erwin represented two subcontractor companies that performed work on a condominium project where the general contractor owed them money, but went out of business.  After six years of battling the developer and title insurance company, Fenton and Lex won a favorable ruling from the Supreme Court of North Carolina.  The case settled soon after the appellate decision.  The case made new law to protect subcontractors' lien rights in the state of North Carolina.


The material on this website is not provided as legal advice. The cases mentioned on this website are illustrative of the matters handled by the firm and do not include all prior cases or results. Results in any case depend upon a variety of factors unique to each case. Prior results do not guarantee a similar outcome in any future case.


Contact Info


P: (704) 716-1209

F: (704) 716-1201

4521 Sharon Road
Suite 350
Charlotte, NC 28211


East Carolina University, B.A., 1963

University of North Carolina School of Law, J.D., 1966

Bar Memberships & Court Admissions

North Carolina Bar

NC state courts, including trial courts, Court of Appeals and Supreme Court

NC federal district courts

4th Circuit Court of Appeals

United States Supreme Court

Certified Mediator for NC Superior Courts

Activities & Interests

American Subcontractors Association of the Carolinas, General Counsel

Rotary International, Dilworth/Southend, President, 2011-2012

Church at Charlotte, previously served as Elder


Evelyn G. Coman Award, 2011, presented by the Construction Law Section of the North Carolina Bar Association

Virginia Short Casey Award, 2001, presented by the American Subcontractors Association of the Carolinas

Rated “AV® Preeminent™” for over 30 years by Martindale-Hubbell

Named to the Best Lawyers in America, 2012, 2013

Named to Business North Carolina's "Legal Elite" (construction), 2013