By Christian Lunghi In construction litigation, it’s easy to focus on the visible damage — the crooked beam, the leaking roof, or the puddle in the basement — and think, “any jury can see what’s wrong here.” But when it comes to proving a breach of the applicable standard of care, appearances may not be […]
By Jeffrey M. Reichard Recent tariffs imposed by the Trump administration on foreign imports — and the retaliatory tariffs from China and other nations — are poised to drive up the cost of construction materials. This raises a critical question: who in the contracting chain bears the risk of these escalating prices? Is it the […]
By Jonathan W. Massell The digital age has enabled the construction industry to utilize new technologies to increase efficiencies and become more streamlined. Electronic communications, online banking, automated systems and digital storage of key information are now standard aspects of even the most low-tech companies in the construction industry. It is easy to take these […]
By Todd A. Jones On April 15, 2025, President Donald J. Trump signed Executive Order 14275, titled Restoring Common Sense to Federal Procurement, initiating a comprehensive overhaul of the Federal Acquisition Regulation (FAR). This directive aims to streamline the federal procurement process by eliminating unnecessary regulatory burdens and enhancing efficiency. The Executive Order acknowledges that […]
By Natalia L. Talbot Three things for general contractors to know if you are considering a business name change. You may want to change the “look and feel” of your company’s branding (i.e., “rebranding”) for the purpose of influencing how your company is perceived by current or potential consumers, the business community, or stakeholders. This […]
By Christian Lunghi Welcome to the future — where even serving pleadings requires a login screen. . . . In October of 2020, the North Carolina legislature gave Rule 5 of the North Carolina Rules of Civil Procedure a digital makeover. Rule 5, as amended, wholeheartedly embraces the electronic filing system and makes it the […]
By Paul A. Capua The first time a general contractor client mentioned, matter-of-fact, that North Carolina law required general contractors to provide a one-year construction warranty on their work, I was worried. As a construction lawyer who frequently negotiates and drafts construction contracts and warranty clauses for a living, I should know that. How could […]
By Christian Lunghi Hello, everyone: Below are some legal updates from your Communications Committee. Big thanks are given to Zachary N. Layne at Hannah Sheridan & Cochran, LLP for providing much of the information used in this post. If you see anything in need of correction, feel free to drop a reply below. I look […]
By Caroline Trautman For those of you who don’t know me, I’m Caroline Trautman, Chair of the NCBA Construction Law Section for the 2024-2025 bar year. As a fan of new years, fresh starts and all the fun things that come with them (school supplies, anyone?) I’m excited for what’s in store for our section this […]
By Mark Stewart, RRC CEI, and Jeffrey Martin, RRC, RRO, CEI, REWO, CDT The construction industry has currently been running at a breakneck pace. This pace, combined with the advent of a pandemic, which brought us material shortages and delays, and a workforce shortage, put contractors in a tough spot to bring quality-built projects in […]