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 […]
By Carl Burchette Dear Section Members: I have had the benefit of being a member in the section since law school, having been pushed to join by my law school professor. From the moment I joined the section, I found myself surrounded by smart, driven attorneys. As I became involved in committees and council meetings, […]
By Matt Bouchard When Crescent University City Venture, LLC v. Trussway Manufacturing, Inc., 376 N.C. 54, 852 S.E.2d 98 (2020) was released in December 2020, the decision left some ambiguity about the scope of its intended reach. On the one hand, the North Carolina Supreme Court in Crescent reiterated that the purpose of the economic […]
By Nancy Litwak On April 19, 2022, the Court of Appeals rendered its opinion in Southeast Caissons, LLC v. Choate Construction Company, Choate Construction Group, LLC, and Falcon Engineering, Inc., No. COA21-223, 2022 WL 1146261 (N.C. Ct. App. April 19, 2022). Plaintiff Southeast Caissons, LLC (“Plaintiff”) appealed from an Order granting Falcon Engineering, Inc.’s (“Falcon”) […]
By Anthony Bradley (“Brad”) Eben, III This year, North Carolina owners, developers, and contractors will need to read up on new legislation that could fundamentally affect their businesses. On January 26, 2022, Governor Roy Cooper signed Session Law 2022-1. This legislation, most of which is effective as of March 1, significantly changes North Carolina General […]
By Patrick Wilson Forty years ago, construction law in North Carolina was not much to speak of. “Construction law” as a practice area enjoyed only a slight existence, and you would have been hard-pressed to find a “construction attorney.” Now, when searching for construction attorneys online, you will find hordes of firms and individuals offering […]
By Luke J. Farley It’s commonplace for plaintiffs in construction cases, especially owners, to assert unfair trade practice claims. But those claims rarely succeed. Most construction disputes involve a breach of contract between two sophisticated parties. In those circumstances, North Carolina law requires a substantial aggravating factor to turn the breach of contract into an […]