Lex M. Erwin

Business and Construction Litigator

Since graduating from the University of North Carolina School of Law in 2000, Lex has honed his skills in business and construction litigation. 

Upon graduation, he moved to Atlanta and joined the international law firm of King & Spalding, LLP, where he worked on the Business Litigation team for five years.  In 2005, Lex returned to his hometown of Charlotte and has practiced law in the Queen City since that time.  He has developed a niche in commercial litigation, construction law, employment issues, and real estate disputes.

Since joining his law partners to form Erwin, Capitano & Moss, Lex has enjoyed many notable accomplishments, including:

  • Negotiating a win-win settlement after a two-week jury trial involving a dispute between shareholders of a closely held company. 
  • Winning a two-week jury trial involving a bitterly fought real estate ownership dispute of a Lake Norman waterfront property.
  • Winning a dismissal of a case against his clients in federal court based on lack of personal jurisdiction. 

Lex is known for his good judgment and sound advice.  He is dedicated to his clients and is always looking after their bottom line to achieve the best economic result possible, whether through trial, arbitration, or a negotiated settlement.

From 2015 through 2020, "Super Lawyers" named Lex to its list of "Top Attorneys in North Carolina" in the Business Litigation category. 

From 2010 to 2014, "Super Lawyers" recognized Lex as a "Rising Star"; reserved for lawyers under 40 years old.  

In 2013, 2014, 2016, and 2018, Business North Carolina included Lex in its list of "Legal Elite" for construction practice area and included Lex on its "Young Guns" list in 2011. 


Lex M. Erwin





"Attorney Lex Erwin is a great litigator.  His sharp legal mind, tenacity, and willingness to engage in legal battle, kept our spirits alive until a final and most favorable conclusion.  We appreciate all of his help."  

-- Chris Fogarty, Versiant Corporation

"Lex Erwin and his team at Erwin, Capitano & Moss, P.A. have been a valued asset for RAM Pavement since we started our business in 2004.  As a small business owner, I wear many hats and value my time.  I trust Lex with the best interests of RAM Pavement Services.  It is very simple - he gets things done."  

-- Rob Miller, RAM Pavement Services, Inc.

"I had an issue regarding the purchase of land.  I was referred to Lex Erwin and I found him to be professional, diligent, and thorough.  He convinced all parties to settle and, after legal fees, I was fully satisfied; not only with the financial settlement but also with the speed in which settlement was accomplished." 

-- Robert Dickson

"Lex Erwin negotiated a settlement of my claims that exceeded my expectations in a short amount of time and in a very professional manner.  I truly appreciate all of his help." 

-- Ellen Suther


Representative Cases

Mountain Funding, LLC v. Wieder Jewelers, Inc., 2011 U.S. Dist. LEXIS 32511 (W.D.N.C. 2011)

Lex Erwin and Amy Bokor represented the defendants in a case arising from an email accusing Mountain Funding of losing the defendants' money in a bad investment.  Mountain Funding sought a court order declaring it had done no wrong.  Lex and Amy secured a dismissal of all of the claims at an early stage in the litigation.

Asphalt Contractors v. Granger Construction Co., Inc. (American Arbitration Association, 2009)

Lex Erwin defended a general contractor against a concrete subcontractor seeking more than $210,000 on the construction of a movie theater in Huntington, West Virginia.  After a multi-day arbitration, the arbitrator reduced the opposing party's claim to $43,310.


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) 716-1213

F: (704) 716-1201

4521 Sharon Road
Suite 350
Charlotte, NC 28211


University of North Carolina at Chapel Hill, B.A., 1997

University of North Carolina School of Law, J.D., 2000

Work Experience

King & Spalding, LLP, 2000 - 2005

Erwin and Eleazer, P.A., 2005 - 2011

Erwin, Capitano & Moss, P.A. 2011- Present

Bar Memberships & Court Admissions

Georgia, 2000

North Carolina, 2006

11th Ciruit Court of Appeals

Certified Mediator for NC Superior Courts

Activities & Interests

President, American Inn of Court, The Chief Justice William H. Bobbitt Chapter, 2015-17

4 time Iron Distance Triathlon finisher, 2012, '13, '14, '15

7 time marathon finisher and Boston Marathon Qualifier

Service Juris Day, Chairman, 2009 - Present

Hands On Charlotte, Board of Directors, 2008 - 2012


Super Lawyers, Rising Stars, 2010-14; Business Litigation, 2015-20

Legal Elite, 2013-14, '16, '18 (Construction); 2011 (Young Guns)

2007 Graduate of the Bar Leadership Institute, Mecklenburg County Bar

King & Spalding Pro Bono Award, 2002

North Carolina Law Review, 1998-99