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"Reading the Riot Act"—Why Notice and Opportunity to Cure Matter

Those of us of a certain age recall the phrase "reading the Riot Act" as a stern warning or dressing down. Someone chewed out by a parent or a boss at work would be said to have been "read the Riot Act." The history and...more

The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment

As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having...more

Addressing Financial Impacts of the COVID-19 Crisis on Construction Companies

In the midst of the current Coronavirus crisis, the priorities for most construction companies are (1) the health and well-being of its employees, and (2) addressing delays on projects caused by the inability to obtain labor...more

The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction

Homeowners associations ("HOAs") do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the...more

Construction Arbitration: The Pros and Cons

It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

The Importance of Construction Contracts and Items to Consider When Preparing Construction Contracts

It's important for parties entering into any significant economic transaction to have written contracts.  This is especially true for construction projects which are, by their nature, complicated.  A contract on a...more

North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract

An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and, most importantly, where they will arbitrate and what state's laws will apply. A recent...more

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