I have previously discussed the ABCs of Lien Laws for those making claims on a project (that is, architects, engineers, contractors, subcontractors, and suppliers) and the 123s of Lien Laws for project owners. Now, time to…more
How many bridges do you drive over on your way to work each day? Probably a bunch, if you have the typical commute of 32 round trip miles per day. Now, how many of them are *not* structurally sound? Probably more than you…more
Reducing risk starts before the ground is broken on a construction project. Construction contracts are unique in that they anticipate change will occur during the project for a multitude of reasons. However, not even the…more
Change happens. And, like death and taxes, changes on a construction project are pretty much inevitable. Because of the unique nature of the construction “product,” the need for flexibility on the part of owners, and the need…more
A client asked me about a contract he was asked to sign in which consequential damages were being waived. Consequential damages are those things that cost money which arise indirectly out of a failure of a party on a…more
Today, part 7 of our series on the Construction Lawsuit, Law & Order: Hard Hat files.
At some point during the lawsuit (usually, but not always, after expert reports are produced), your lawyer may tell you the case is going…more
Eventually, most construction lawsuits of any size involve hiring experts to review the project. These experts then usually issue an opinion as to whether or not you, as the design professional, violated the professional…more
Last week, I mentioned the renewal of the tax credits for wind energy. Another report which came across my desk recently is one from SustainableBusiness.com, in which it is reported that some (although certainly not all) of New…more
Have you been following the “fiscal cliff” debacle? Unless you spent the holiday season in a cave, the answer is probably YES. One interesting detail tucked away in the recently passed compromise legislation is the renewal of…more
Engineers who design in earthquake-prone areas know that they need to design the seismic loads of their bridges to account for potential massive shifts during a quake. (This is what is legally known as the professional standard…more
My husband always finds it amusing when I talk about going “to depose” somebody. He wants to know just exactly what sort of coup d’etat I am planning. Despite the awkward language, the deposition process is not supposed to…more
As I mentioned at the start of this series, one of the reasons that I like watching Law & Order is that things happen fast, and there is always a smoking gun paper to be found by the lawyers over a night of eating cold Chinese…more
Every criminal worth his salt knows that he has the right to an attorney. What about in construction law? Not so much. You do have the *right* to an attorney; however, you do not get one for free. Do you *need* an attorney? …more
Think most business lawsuits effect the “big guys”? Not according to the folks at Bolt Insuarnce. According to them, 57% of lawsuits effect companies making less than $1 million in revenue. Did you know that 1 in 3 small…more
The police? Yes, that’s right. If you are sued, at least in North Carolina, you may find Mr. Policeman (or Ms. Policewoman) at your door. There are several ways that you may find out you or your company are being sued, but…more
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