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OBX Bridge Replacement Project Finds Itself Mired In Litigation
While construction crews continued making steady progress repairing the damage Hurricane Irene inflicted upon Route 12 in the Outer Banks in late August (updates can be found here and here), lawyers...
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High Speed Rail Through Raleigh: Light At The End Of The Tunnel?
Image courtesy Sura Nualpradid via FreeDigitalPhotos.net As reported in today’s News & Observer, a public hearing was held yesterday at the Raleigh Convention Center to unveil the latest option...
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COA: Transfer of Account May Result in Payment Guarantee
In an unpublished decision released this past Tuesday, the N.C. Court of Appeals (“COA”) has construed a letter by an electrical subcontractor announcing its transition from a corporate entity to a...
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Challenge To Responsiveness Of Bid For Rocky Mount Project Falls Short — But...
I just caught this article from the Rocky Mount Telegram regarding last Thursday’s decision by the Rocky Mount City Council to award the $6.1 million Downtown Streetscape project to the apparent low...
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Material Price Escalation Puts Contractors At Risk, But The Law Offers Little...
According to AGC’s Chief Economist, Ken Simonson, construction material prices for the 12-month period from October 1, 2010 – September 30, 2011 increased 8.1%, while the prices charged by general...
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COA: “No Damages For Delay” Clause Does Not Defeat Equitable Adjustment Clause
“Time is money.” Sure, it’s an overused cliché. But as construction industry participants know better than just about anyone else, there’s a whole lot of truth in those three simple words. When...
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Rock the New Year With a Few Resolutions
Image by Idea go via FreeDigitalPhotos.net A new year is upon us, with decidedly tempered expectations for the national construction industry. Indeed, a poll of ENR Southeast readers does not...
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Cell Phone Ban for Commercial Vehicles Takes Effect TODAY
A new year ushers in new laws, and one potentially applicable to participants in the construction industry is the new regulation from the Federal Motor Carrier Safety Administration (FMCSA) and the...
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An Ounce of Claims Prevention Worth a Pound of Cure?
I spent last Thursday and Friday at a continuing legal education program offered by the Fidelity & Surety Law Committee of the American Bar Association’s Tort Trial & Insurance Practice Section...
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Recommended Reading: The Basics of E-Verify in North Carolina
I’m a pure sticks-and-bricks construction and surety lawyer, focusing on construction contracts, change order claims, payment claims, defect claims, delay claims, etc. etc. While I don’t dabble in...
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You Just Signed A Construction Contract That’s In Excess of Your Limited...
Yes, but only up to a point. Specifically, once the statutory limit of the license is reached, no additional contract balance above that limit may be recovered. Our analysis begins with the N.C....
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NCDOT, CAGC and CAPA Encourage Your Participation In Highway Construction...
Sen. James J. Davis (R-PA) and Rep. Robert L. Bacon (R-NY), co-sponsors of the 1931 Davis-Bacon Act The North Carolina Department of Transportation (“NCDOT”), in conjunction with Carolinas AGC (“CAGC”)...
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Bid Protests: Look Before You Leap
A $15 million school construction project is being let by a local board of education, and you really want this contract. Your team has been working relentlessly over the past week to accurately...
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Is a 20-Year Express Warranty Good for Only Six Years in North Carolina?
Ten years ago, you had the roof on your office building replaced. Your roofer had assured you that the new membrane would be waterproof, wouldn’t crack and would be well-suited for your building over...
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Construction Tweets of the Week for the Week Ending January 10, 2014
We’ve made it to the end of the first full week of the year, and the Tweets o’ the Week is well-rested from its longer-than-anticipated hiatus. There was no shortage of fantastic AEC content out there...
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Just Got Terminated for Convenience? Five Steps You Should Take Right Now.
Most private owners negotiate for a contract clause permitting them to terminate a construction agreement without regard to the quality of the contractor’s performance. These so-called “termination...
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COA: “No Damages For Delay” Clause Does Not Defeat Equitable Adjustment Clause
“Time is money.” Sure, it’s an overused cliché. But as construction industry participants know better than just about anyone else, there’s a whole lot of truth in those three simple words. When...
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Courts Generally Will Enforce North Carolina’s Anti-Indemnity Statute, But...
#173998339 / gettyimages.com Back in March, I wrote about the role of North Carolina’s anti-indemnity statute in the construction industry. The statute, codified at N.C. Gen Stat. § 22B-1, appears...
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Your Forum Selection Clause Might Not Be As Strong As You Think It Is
Embed from Getty Images Last week, I blogged about the Southeast Caissons, LLC v. Choate Construction Company case, in which the North Carolina Court of Appeals held that a general contractor could not...
View ArticleNew Rules & Regulations Applicable to North Carolina General Contractors
Embed from Getty Images Hi folks! As the kids would say, “it’s been a minute.” But I’m back on the blogging beat and eager to share new construction law content with you in the weeks and months...
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