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 a helping hand. “Construction law” as we refer to it today encompasses a wide range of legal issues and services affecting the several participants engaged in developing, financing, designing, and building private and public construction projects.[1] So, how did we get here? I interviewed a number of experienced lawyers to tell us the story. Thank you to Richard Conner, Bob Burchette, and Fenton Erwin for dedicating time to tell the story.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2022-01-19 10:45:042022-01-19 11:43:06The Evolving Practice – Construction Law in North Carolina
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 unfair trade practice under G.S. 75-1.1 But a new decision in Gilmore’s Farm, Inc. v. Herc Rentals, Inc. from the U.S. District Court for the Eastern District of North Carolina has recognized that wrongfully asserting a lien can be the basis for a claim under G.S. 75-1.1.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-12-10 10:27:002022-01-03 16:32:16Gilmore’s Farm, Inc. v. Herc Rentals, Inc. – A New Basis for Unfair Trade Practice Claims?
If you regularly practice construction law, as I do, you are likely used to client requests for contract reviews, delay claims, defect claims, and the like. However, you may also find yourself receiving requests outside what we typically view as construction law – requests by your construction clients for assistance with licensing boards. With over 300 boards and commissions established in North Carolina, it is hardly surprising that the construction industry is subject to state licensure and regulation. This regulatory framework leads to a complex collision of construction law and administrative law.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-11-09 09:43:392021-11-09 09:43:39Representing Your Clients Before Licensing Boards
In Milone & MacBroom, Inc. v. Corkum, 2021-NCCOA-526, the North Carolina Court of Appeals issued a stark reminder about the importance of executing on a judgment prior to initiating supplemental proceedings as part of collection efforts. In Milone, the plaintiff obtained a judgment against the defendant for monies owed. Defendant had partially paid on that debt under a prior agreement, which authorized entry of a Consent Judgment in the event of default. After default and entry of the Consent Judgment, the plaintiff served interrogatories and requests for production of documents in a supplemental proceeding. Defendant did not respond, and plaintiff filed a motion to compel.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-10-15 11:16:152021-10-18 09:16:37Recent Court of Appeals Opinion: A Reminder of the Importance of Executing on a Judgment
House Bill 489 is the annual package of regulatory reform changes to the North Carolina State Building Code supported by the N.C. Home Builders Association. This bill includes changes regarding criminal background checks, continuing education courses, and erosion control plan permits, among others.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-09-23 11:11:342021-09-24 09:55:39Important Changes in New House Bills Affecting Your Construction Clients and Practice
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 as we move into the 2021-2022 bar year on July 1, with Parker Moore ([email protected]) taking the reins as Chair, ably assisted by Carl Burchette ([email protected]) as Vice-Chair, Sandy Mitterling Schilder ([email protected]) as Secretary, and Caroline Trautman ([email protected]) as Treasurer. Please reach out to them and let them know how the section can better serve you — as well as how you can serve the section.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-06-30 14:19:312021-06-30 14:53:082020-2021 Construction Law Section Summary
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 than twenty-four hours. This begs the following questions: who bears the risk of these price escalations, and how can construction stakeholders mitigate these risks? Continue reading the full post here.
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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 building material where no direct contract existed between the owner and supplier. The Supreme Court held that the owner could not maintain such a claim and reaffirmed that the “economic loss rule” applied. The economic loss rule provides that, when a duty to perform arises from a contract, no negligence claims can be brought for failing to perform that duty. Instead, only contract claims can be brought.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-03-05 14:06:342021-03-05 14:06:34Construction Claims – No Contract, No Claims?
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 record of volunteerism, and has consistently upheld the highest ideals of their profession through a dedicated career in construction.
This can be a lifetime achievement award if that is the criteria matching with someone you wish to nominate. But, it can also be in recognition of a significant contribution to the construction industry or to the construction law community by ways such as scholarship, legislative accomplishment, significant case law or other well-known contribution which advances the industry or legal community. For those who knew Evelyn Coman, the award reflects her efforts (along with others) to bring the Construction Law Section to life and her commitment to excellence in the practice of construction law. Evelyn’s life was unfortunately relatively short, but her gifts to the foundation and legacy of the Section were great.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-02-12 16:08:152022-10-25 13:24:49Please Submit Your Coman Award Nominations!
It is a privilege and a pleasure to announce that the eighth edition of the North Carolina Construction Law Deskbook has been uploaded to the Construction Law community forum on the North Carolina Bar Association’s website.
The Deskbook is a benefit available to all members of the NCBA Construction Law Section and is easily accessible by following the steps below.
How to Access the Deskbook
Enter your log-in credentials at www.ncbar.org, click the “Connect Now” button on the “Communities” window, click “My Communities” on the following page, and then select “Construction Law” on the next page.
Once in our Construction Law Community forum, select “Library,” and you’ll see a folder on the left-hand side of the screen labeled “Desk Book – Foreword.” Click the triangular prompt to the left of this folder to see the list of 17 chapter folders.
Clicking each chapter folder will bring up that chapter’s contents on the right-hand side of the screen. Double-click the content you’re interested in to bring up a screen that allows you to view or download the chapter or form that you’ve double-clicked.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-02-11 15:35:222021-02-11 15:47:12Virtual Launch of the North Carolina Construction Law Deskbook (Eighth Edition)
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