Most private owners negotiate for a contract clause permitting them to terminate a construction agreement without regard to the quality of the contractor’s performance. These so-called “termination for convenience” clauses come…more
Construction dispute resolution -- including arbitration -- can be time-consuming and expensive. What if you could conduct soup-to-nuts construction ADR within 65 days utilizing a mediator-arbitrator hybrid? Would the courts…more
Ten years ago, you had the roof on your office building replaced. Your roofer had assured you that the new membrane would be waterproof, wouldn’t crack and would be well-suited for your building over the long-haul. He even…more
Three recent cases. Millions of dollars. One conclusion: submitting false claims in connection with federal contracting can be extremely expensive. And with a three year-old North Carolina False Claims Act statute now…more
Obligee satisfaction with contract surety bonds was the topic of an hour-long presentation at the Mid-Winter Program sponsored by the ABA’s Tort Trial & Insurance Section, Fidelity and Surety Law Committee, in New York City on…more
Lewis & Roberts represents a number of highway/heavy contractors, all of whom know that doing business with the North Carolina Department of Transportation requires careful attention to the agency's Standard Specifications for…more
When is a contractor's project delay excused by nasty weather?
[Read entire article, below]…more
Back in 2010, when a group of construction, real property and bankruptcy lawyers first started meeting to consider potential revisions to North Carolina's lien and bond statutes, one of the driving forces behind those…more
New legislation protecting general contractors from double payment liability on public projects and protecting title insurers from "hidden liens" on private projects made splashy headlines in North Carolina in the second half of…more
In a controversial 2-1 decision released on October 2, 2012, the North Carolina Court of Appeals ("COA") affirmed a trial court's dismissal of a mechanic's lien claim asserted by contractors who did not have a contract with the…more
In recent years, a majority of states have ruled that a contractor can be found liable for personal injuries suffered by third parties from accidents occurring after the contractor’s work is completed and accepted.
I frequently receive phone calls from general contractors curious to know what their legal rights and obligations are with respect to subcontractors before a subcontract agreement is actually reached. Invariably, these calls…more
Legislation revising North Carolina's mechanic's lien law was filed in both the House and Senate sides of the N.C. General Assembly on May 22, 2012.
While not the ambitious rewrite that members of the construction bar and…more
It's tempting to assume that change orders automatically increase the penal sum of a performance bond that expressly waives notice of contract modifications, but pursuant to a 1992 case out of the U.S. Bankruptcy Court for the…more
Why the Fourth Circuit Court of Appeals blocked the Monroe Connector Bypass Project, and what the decision may mean for the future of major highway planning in North Carolina…more
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.