Edward (Ned) E. Nicholas, III

Ned has focused on commercial litigation throughout his career. Since 1984 he has concentrated on construction litigation, the defense of professionals, and the defense of directors and officers. Much of his construction work has been for architects and engineers and has included defending against personal injury, delay and other claims.  Ned has also defended accountants and real estate professional against malpractice claims.

Ned has successfully handled appeals in the Court of Appeals for the Fourth Circuit, the Court of Appeals for the Sixth Circuit, the Supreme Court of Virginia and the Court of Appeals of Virginia.

Ned has lectured on a variety of topics including Virginia’s economic loss and source of duty rules, defending against construction delay claims, commercial damages, and appellate advocacy.

Ned has authored several published articles, including The Economic-Loss and Source-of-Duty Rules and the Wall between Tort and Contract in Virginia, Virginia Lawyer (October 2010) (with Sean M. Golden), The Economic Loss Rule in Virginia, 12 (Va. Ass’n Def. Attorneys) J. of Civil Litigation 391 (2000), and Professional Negligence Claims and Constructive Fraud Principles Do Not Mix, 10 (Va. Ass’n Def. Attorneys) J. Civil Litigation 3 (1998) (with David E. Boelzner), and The Collision of Tort and Contract in the Construction Industry, 21 U. of Richmond L. Rev. 457 (1987) (with Murray H. Wright) (republished in Lloyd’s International Construction L. Rev. 5 (1988)).    

For six years at Virginia Commonwealth University, and for one year at the T. C. Williams School of Law, Ned served as an adjunct instructor.