By Christian Lunghi For young lawyers, construction law may seem like a difficult field to enter. It has its own vocabulary, its own documents, and its own pace. Clients often want practical answers while a project is still moving, not abstract legal analysis after the dispute is fully formed. The work can feel technical, and […]
By Lilly Heckman The use of the modular construction method is on the rise with both commercial and residential builders in North Carolina. Benefitting contractors and owners alike, modular building allows for faster timelines and more predictable costs. Contractors across the state are utilizing modular building for all types of new builds, from healthcare and […]
By Joseph J. Garfunkel In a case of first impression, the North Carolina Court of Appeals in Earnhardt Plumbing, LLC v. Thomas Builders, Inc., No. COA25-36 (N.C. Ct. App. Nov. 19, 2025) addressed whether a forum-selection clause using an “either-or” structure and granting one party discretion to choose the forum is mandatory or permissive under […]
By Christian Lunghi Hiring the wrong contractor can turn a project into a headache or a lawsuit. The steps below are simple, practical checks you can do to lower your risk. They’re not foolproof and don’t guarantee a perfect job, but they can help you catch the big red flags. Use this as a checklist […]
By Christian Lunghi The nationwide noncompete ban is dead. In April 2024, the FTC tried to roll out a sweeping rule that would have voided most noncompetes across the country. Federal courts shut it down. A Texas court vacated the rule in August 2024 for lack of statutory authority, and another court enjoined it under […]
By Christian Lunghi The Construction Law Section is pleased to share that our bylaws have been updated. The current version is attached here for member reference. This document sets out the framework for how our Section operates, including governance, meetings, officers, council, committees, and amendment procedures. Members are encouraged to review the attached bylaws for […]
By Christian Lunghi You’re a contractor. You landed the job, and it’s a solid one. Clear scope, decent margins, and your workers are ready to roll. You’ve blocked your schedule, lined up materials, and mobilized. Then the owner pulls the plug. Maybe they stopped paying, refused to proceed, or walked away. You have a signed […]
By David Senter Welcome to the Construction Law Section for the new NCBA year! I am honored and humbled to serve as Chair of the NCBA Construction Law Section for this year. I am thankful for the work of many, many others before me, not the least of whom is Caroline Trautman, the Immediate Past […]
By Todd A. Jones Woodson claims are wrongful death tort actions arising from workplace injuries, typically brought outside the scope of workers’ compensation. Originating from the seminal case Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991), these claims frequently arise in the context of construction accidents and involve egregious employer misconduct. Typically, parties […]
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 […]