Entries by Construction

2020-2021 Construction Law Section Summary

By Matt Bouchard In With the New Apparently time still flies by, even during a pandemic. It has been such an honor serving the Construction Law Section and its incredible members as Chair this past bar year, and it’s hard to fathom that the year is at its end. The section is in terrific hands […]

Mitigating the Effect of Construction Price Escalations

By Jeff Reichard Over the past year, the volatility of construction material prices has wreaked havoc on construction budgets and caused many disputes between owners, general contractors, subcontractors and material suppliers. For example, lumber prices have tripled, PVC and copper prices have almost doubled, and certain material suppliers have refused to hold pricing for more […]

Construction Claims – No Contract, No Claims?

This article has been republished with permission from Smith Anderson.  By Andrew Atkins, Peter Marino and Patrick Wilson The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc.[1] The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective […]

Please Submit Your Coman Award Nominations!

By Bryan Scott  We are pleased to invite nominations for the Evelyn M. Coman Award for Distinguished Service in the Field of Construction Law. The award recognizes a lawyer in North Carolina who has made a significant contribution in the field of construction law – through case law or other professional achievement, exhibited a strong […]

Court of Appeals Rules on the Application of the Licensure Defense in Tort Claims

By Jillian C.S. Blanchard Sophisticated construction projects often require engaging many professionals whose services are all interconnected and critical to the overall success of the project. Sometimes a design produced by architects and engineers will prove to be flawed, thereby delaying the project as a whole. Such flaws and delays can result in the builder […]

Look Before You Leap: The Cost of Failing to Preserve Claims When Submitting Monthly Applications for Payment

By Ben Buskirk and Riley Smith Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver of claims. Imagine this: you are a subcontractor on a construction project that is nearing completion. […]