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 […]
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 […]