Overview
Ben DeCelle litigates complex business disputes. He represents clients across a range of industries, including manufacturing, construction, banking and finance, technology, real estate, and oil and gas. Ben maintains a diverse litigation practice with experience in matters involving commercial contracts, insurance coverage, construction disputes, fraud, unfair and deceptive trade practices, and general business disputes.
Although Ben regularly works with clients to avoid costly litigation, he is experienced in complex matters that result in arbitration or trial. His recent experiences include representing an EPC contractor in a nearly three-week arbitration involving a claim approaching $1 billion in alleged damages, representing a major health care insurer in a nine-day trial involving a bid protest over a key government contract, and representing a national industrial gas supplier in a complex multiyear lawsuit that settled on the eve of trial.
Ben is experienced in all phases of litigation and represents clients in a variety of settings, including state and federal courts throughout the country, arbitration and mediation.
Experience
- Represented an EPC contractor in an arbitration involving a claim of nearly $1 billion against the contractor. The arbitration settled on favorable terms for our client after nearly three weeks of arbitration.
- Represented a major health care insurer in a nine-day trial involving a key government contract.
- Represented a national industrial gas supplier in a lawsuit in Tennessee state court seeking tens of millions of dollars from a former customer. The case ultimately settled on the eve of trial.
- Represented an insured in a property insurance coverage lawsuit in the North Carolina Business Court involving a claim in excess of $26 million. Obtained a favorable choice-of-law ruling in the dispute. American Realty Advisors et al. v. Lexington Insurance Co. et al., 2019 NCBC 58 (N.C. Bus. Ct. 2019). The case ultimately settled on favorable terms for the client.
- Represented an employer in a lawsuit filed by a former employee in federal court involving claims that the employer violated the Americans with Disabilities Act. The Court granted a motion for judgment as a matter of law in favor of the client after the conclusion of the plaintiff’s evidence. Brown v. Martin Marietta Materials Inc., 2021 WL 4815363 (Sept. 10, 2021 M.D.N.C.).
- Represented a national general contractor in multiple construction defect lawsuits seeking tens of millions of dollars in damages. Responsible for defending claims against the general contractor and prosecuting associated indemnity and related claims against subcontractors and suppliers.
- Represented an investor in a lawsuit in the North Carolina Business Court. Successfully defended against a motion to dismiss and motion for judgment on the pleadings. Albright v. Vining-Sparks Securities Inc. et al., 2019 NCBC 80 (N.C. Bus. Ct. 2019).
- Represents financial institutions and investment advisers in FINRA arbitration proceedings.
- Represents commercial landlords in actions to reclaim possession and recover damages from defaulting tenants.
Accolades
Honors & Recognitions
- The Best Lawyers in America, One to Watch, commercial litigation, 2023-26; litigation - construction, litigation - real estate, 2025-26
- North Carolina Super Lawyers, Rising Star, business litigation, 2023-25
- Mecklenburg Access to Justice Pro Bono Partners Program, Pro Bono Honor Roll, 2020
Affiliations
Professional Affiliations
- North Carolina Bar Association, Insurance Law Section, Council Member, 2022-24
Community Affiliations
- Present Age Ministries, Board of Directors, 2024-present
News & Events
News
Events
Insights
Publications
Practice Areas
Education
University of North Carolina at Chapel Hill, J.D., with high honors, 2017; Order of the Coif; Member, North Carolina Law Review; Chancellors Scholar
University of North Carolina at Pembroke, B.A., summa cum laude, 2013
Bar Admissions
- North Carolina
- South Carolina