Kerry L. Traynum has practiced law in Charlotte since 2004. As a litigator, Kerry provides counsel for clients throughout North Carolina and South Carolina on a wide range of commercial and construction-related matters, including breach of contract claims, non-compete agreement enforcement and defense, negligence and premises liability claims, fraud and unfair and deceptive trade practice claims and defense, real estate disputes, mechanic’s liens, and collection matters.
Kerry has represented both large and small companies—including general contractors, subcontractors, banks, manufacturers, mortgage brokerage firms, and closely-held corporations—as well as individuals, HOAs and homeowners. Kerry strives to communicate and work closely with clients throughout every stage of the litigation process to obtain the best results in an efficient manner.
Kerry’s cases have included:
- Obtained defense verdict in 2017 software deliverable dispute where opposing party requested damages exceeding $1 million. Claimant asserted claims against client for breach of contract related to data and code conversion project for Fortune 500 company/client. Week-long arbitration addressed highly sophisticated code analysis issues and expert testimony before a former federal judge.
- Austin Maintenance & Constr., Inc. v. Crowder Constr. Co., 742 S.E.2d 535 (N.C. Ct. App. 2012). Successfully defended company who provided construction related maintenance services to a third-party against claims by a competitor of $1 million+ for tortious interference with contract, UDTPA, civil conspiracy, and injunctive relief, obtained dismissal of all claims prior to trial, which was unanimously affirmed on appeal by the North Carolina Court of Appeal, and obtained a post-appeal award of attorneys fees and costs from the trial court against the plaintiff in excess of $300,000.00.
- Wachs Technical Services, Ltd. v. Praxair Distribution, Inc., 2012 WL 945215 (N.C. Ct. App. Mar. 20, 2012). Represented welding products supplier against claims by purchaser/contractor that client incorrectly labeled and certified welding products, which resulted in repair and replacement damages on an Illinois project in excess of $500,000. Successfully obtained dismissal of all claims prior to trial, which was unanimously affirmed by the North Carolina Court of Appeals.
- In re: 222 South Caldwell Street, Ltd. Partnership,409 B.R. 770 (W.D.N.C. 2009). Represented lender against other lien claimants who asserted priority claims against lender’s secured interest. Obtained judgment on the pleadings in favor of lender against 100+ parties claiming superior equitable and statutory liens against a condominium project totaling several million dollars.
- Obtained defense verdict in bench trial against mortgage brokerage company and owner/officer of the company by lender for fraudulent transfer, tortious interference with contract, successor liability, corporate veil piercing, unfair and deceptive trade practices, and civil conspiracy based on allegations that clients transferred assets and trademarks of prior company and continued to operate prior company through new company.
Kerry is originally from Pendleton, South Carolina. He is licensed in all state and federal courts in North Carolina and South Carolina.
- North Carolina, 2004
- South Carolina, 2010
- Western District of North Carolina 2004
- Middle District of North Carolina 2004
- Eastern District of North Carolina 2004
- District of South Carolina 2010
University of North Carolina, Chapel Hill, North Carolina
- Order of the Coif
Gardner-Webb University, Boiling Springs, North Carolina
- Magna Cum Laude
- Major: Religious Studies
- 2014 North Carolina Bar Association Construction Law Section Winter Program, “An AdvancedStudy of Suretyship Under the Miller Act: Damages Recoverable Under Surety Bonds.”
- Mecklenburg County Bar Association CLE, “Avoiding Malpractice Pitfalls,” November 2013.
Professional Associations and Memberships
- North Carolina State Bar Member
- South Carolina State Bar Member
- North Carolina Bar Association
- Volunteer, Galilee Ministries of East Charlotte