Joseph W. Moss, Jr.
Joe's practice is focused on business litigation arising from construction, real estate development, finance, securities transactions, employer-employee relations, technology transactions and business torts including defamation, breach of fiduciary duty, fraud, misappropriation of trade secrets and unfair trade practices. Joe frequently represents individuals, privately owned businesses, publicly traded companies and local governments. His trial experience includes cases in the North Carolina Business Court, United States District Courts, United States Bankruptcy Courts and arbitrations administered by FINRA (formerly NASD) and the American Arbitration Association. Joe is certified as a mediator by the North Carolina Dispute Resolution Commission. Joe is licensed to practice law in North Carolina and South Carolina.
Joe is AV Preeminent® rated in Martindale Hubbell's peer review rankings, voted seven times to Business North Carolina's Legal Elite® for Construction Law and voted to Charlotte Law & Politics SuperLawyers® for Business Litigation annually since 2006. Joe served as Chair of the North Carolina Bar Association's Construction Law Section in 2006-07.
Representative Matters and Practice Descriptions:
Construction, Construction Litigation and Construction Arbitration
Contract negotiation and drafting, bid protests, mechanic's liens, and licensing hearings
Litigation and arbitration of contract disputes, lien claims, defect claims, and payment and performance bond claims
Clients include owners, design professionals, contractors, trade subcontractors and surety companies
Business Torts and Contract Matters
Obtained an $800,000 judgment for hotel developer arising from loan broker fraud and breach of contract
Represented a medical product manufacturer against a competitor for civil conspiracy, trade secret misappropriation, unfair trade practice and interference with contract
Represented a large technology firm in a claim for breach of a software license agreement
Represented a selling company in an earn-out compensation claim relating to post closing company performance
Defended defamation and unfair trade practice claims
Securities Litigation and Arbitration
Arbitrated a customer claim resulting in $1.4 million arbitration award against a broker and firm
Represented an investment fund in a securities fraud action arising from a $25,000,000 investment
Represented a broker in an employment and compensation dispute with securities firm
Employment Related Business Litigation
Defended a breach of fiduciary duty and unfair trade practice claims asserted against employee
Defended a CPA in trade secret misappropriation case
Prosecuted an employee’s claim for bonus compensation resulting in a $900,000 jury verdict and judgment in the North Carolina Business Court
Enforcement of non-compete agreement for employer client
Real Estate Brokerage Related
Obtained a $200,000 judgment for a commercial real estate broker in commission collection action
Defended brokers before NC Real Estate Licensing Board
Real Estate Litigation
Represented commercial landlords in ejectment and collection actions
Defended condemnation actions for land owners relating to highway projects
Represented commercial property owners and loan guarantors in default and foreclosure proceedings on a multi-million dollar development loan
Financial Services and Bank Related Claims
Represented banks and customers in check processing, forgery and related UCC claims
Federal Court Litigation
Defended produce company in PACA claim
Local counsel for patent holder in patent litigation
NASCAR Related Litigation
Defended team owner from former employee’s claims of fraud and breach of contract arising from employee’s claimed ownership interest in team
Defended securities firm employee in a fraud action arising from a proposed $30,000,000 investment in a race team
Represented team sponsor in a contract dispute with team owners
Trust and Estate Litigation
Represented beneficiaries in multi-party action relating to administration of multi-million dollar trust
Personal, Injury and Medical Malpractice
Represented plantiffs in personal injury and medical malpractice claims
Certified for N.C. Superior Court Mediations
Austin Maint. & Constr., Inc. v. Crowder Constr. Co. et al, 2012 N.C. App. Lexis 1452 (N.C. App. COA-12-201 Dec. 18, 2012)
Kornegay v. Aspen Asset Group, LLC, 204 N.C. App. 213, 693 S.E.2d 723 (2010)
Hogoboom v. Landcraft Props., Inc., 127 N.C. App. 381, 489 S.E.2d 434 (1997), disc. rev. denied, 347 N.C. 399 (1998).
Town Center Assocs. v. Y & C Corp., 127 N.C. App. 381, 489 S.E.2d 434 (1997), disc. rev. denied, 347 N.C. 585 (1998).
Spragins v. Linsco/Private Ledger Corp., NASD (now FINRA) Dispute Resolution Case No. 04-07713.
Smith Barney, Inc. v. Bardolph, 131 N.C. App. 810, 509 S.E.2d 255 (1998).
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.
P: (704) 716-1205
F: (704) 716-1201
4521 Sharon Road
Charlotte, NC 28211
Davidson College, B.A., 1988
Omicron Delta Epsilon, Economics Honor Society
Wake Forest University School of Law, J.D., Cum Laude, 1993
Managing Editor, Wake Forest Law Review, 1992-93
- Charlotte NC, Attorneys | Business Owner Disputes – Litigation
- Charlotte NC, Law Firm | Business Litigation - Arbitration
- Charlotte, NC Lawyers | Commercial Litigation – Landlord/Tenant
- Charlotte, NC Law Firm | Construction Litigation – Liens
- Charlotte, NC Employment Attorneys – Litigation
- Charlotte, NC Law Firm – Local Government Litigation
- Charlotte, NC Lawyers – Mediation – Arbitration – Litigation
- Charlotte, NC Real Estate Lawyers – Title Insurance
- Charlotte, NC Securities Litigation – FINRA Arbitration
- Charlotte, NC Wrongful Death Litigation – Personal Injury Lawyer
Erwin, Capitano & Moss, PA, 2002 - present
Kennedy Covington Lobdell & Hickman, LLP, 1994-2001
Law Clerk to Hon. N. Carlton Tilley, Jr. United States District Judge for the Middle District of North Carolina, 1993-94
Andersen Consulting (now Accenture), 1988-90
Bar Memberships & Court Admissions
North Carolina, 1993
South Carolina, 1993
American Bar Association: Forum on the Construction Industry; Litigation Section
Activities & Interests
Presenter, Everyday Ethics in Construction Law and Litigation, NCBA CLE, September 29, 2012, Concord, N.C.
Site Coordinator, Sticks & Bricks CLE Program, ABA Forum on the Construction Industry, October 2011, Charlotte, N.C.
Presenter, Construction Litigation, Ethics, CLE Program, Mecklenburg County Bar, February 1, 2011, Charlotte, N.C.
Presenter, Lien on Me: When Developers, Lien and Title Insurance Collide, Ethics, February 22, 2007, Cary, N.C.
Chair, Construction Law Section of the North Carolina Bar Association, 2006-07
Mecklenburg County Bar Board of Directors, 2001-2004
N.C. State Bar Young Lawyer Delegate to ABA House of Delegates, 1999-2001
Chair, NCBA YLD Disaster Legal Services Committee, 1996-98
Member, NCBA YLD, Executive Council, 1996-98, 1999-2001
Youth Soccer Coach
Martindale Hubbell, AV Preeiminent peer review rating
Business North Carolina, Legal Elite for Construction Law 2006, 2008, 2009, 2010, 2011, 2012, 2013
Charlotte Law & Politics SuperLawyers for Business Litigation, 2006-2013
Outstanding Young Lawyer Award, 1996-97, Presented by NCBA Young Lawyers Division
Super Lawyers Magazine; "The Top 100" lawyers in North Carolina, 2015