The Construct: Your Guide to Law in the Construction Industry - November 2013

In This Issue:

- Contractor Alert: Help Available for Small Businesses in the HUB Zone Program:

Recognizing that our country -- our "team," if you will -- is stronger when all our players are on the field and playing to their full potential, our federal and some state governments have developed programs to help disadvantaged entrepreneurs get started on the path of business ownership...

- Get It In Writing ... Please!

What do a church, comedy club and bingo parlor have in common? It turns out, construction. To be more specific, a lot of electrical work. It starts with the recent decision of the South Carolina Court of Appeals in

Boykin Contracting, Inc. v. K Wayne Kirby d/b/a Carolina Gold Bingo, Case No. 2012-209067 (Richland County; Aug. 28, 2013)....

- Tweaked & Overhauled: The Latest on Virginia Construction Law:

Each year, Virginia's legislature overhauls or tweaks existing legislation and occasionally enacts entirely new legislation of which construction industry operators should remain aware. This year was no exception. This article is a summary of those changes....

- A Full 180 -- The West Virginia Supreme Court of Appeals' New Position on Liability Insurance and Defective Workmanship:

Since 1965, the West Virginia Supreme Court of Appeals has consistently held that defective workmanship that caused bodily injury or property damage did not constitute an "occurrence" under a policy of commercial general liability insurance, and therefore the insurer was not obligated to pay for the damage or tender a defense. See McGann v. Hobbs Lumber Co., 150 W.Va. 364, 145 S.E.2d 476 (1965)....

- "Twenty Years" is Actually" Six Years" for Contractors and Manufacturers in North Carolina:

This year the North Carolina Court of Appeals issued an opinion that significantly limits many construction warranties. In Christie v. Hartley Construction, Inc., et al .,No. COA12-1385, the Court limited any action for damages for breach of construction-related warranties to six years, even when the contractor or product manufacturer expressly provides a longer one...

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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