The North Carolina Court of Appeals has effectively ruled that parties cannot contractually agree to shorten the four-year statutory limitations period under the North Carolina Unfair and Deceptive Trade Practices Act...more
NCDOT has two primary processes for letting large highway projects—hard bid procurement and design-build procurement. Over the last decade or so, NCDOT has relied heavily on the design-build procurement method, whereby NCDOT...more
The North Carolina Court of Appeals recently issued an opinion on the question of when documents solely in the possession of a third-party contractor—and not a public body—are public records subject to production under the...more
The Supreme Court of North Carolina recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act") and its effect on covenants that have burdened residential real estate for...more
The North Carolina Court of Appeals recently issued a decision in Gaston County Board of Education v. Shelco, LLC, et al that has the potential to significantly impact the time limits for claims on construction projects....more
8/19/2022
/ Architects ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Federal Rule 12(b)(6) ,
General Contractors ,
Statute of Repose ,
Subcontractors ,
Substantial Completion
A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
Employment Litigation ,
Federal Arbitration Act ,
Morgan v Sundance ,
Motion to Compel ,
Prejudice ,
Rules of Civil Procedure ,
SCOTUS ,
Wage and Hour ,
Waivers
On January 26, 2022, Governor Roy Cooper signed Session Law 2022-1 amending and revising various portions of the North Carolina General Statutes applicable to construction projects in the state. The relevant sections of this...more
The North Carolina Court of Appeals recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act"). The case is C Investments 2, LLC v. Auger et al., 2021-NCCOA-209 ("C...more
In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more
North Carolina Courts have held for decades that general contractors can assert negligence claims directly against design professionals in the absence of a contractual relationship between the contractor and the design...more
The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc. The case decided the question of whether a commercial developer-owner can bring a negligence...more
A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our...more
North Carolina recently amended the statute that governs the process by which general contractors on certain public projects submit claims to the Director of the State Construction Office (“Director”). While many aspects of...more
North Carolina recently amended its “anti-indemnity” statute, which generally applies to construction-related contracts and agreements with design professionals. At a high level, the new law places additional restrictions on...more
8/1/2019
/ Amended Legislation ,
Anti-Indemnification Statutes ,
Attorney's Fees ,
Boilerplate Language ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Design Professionals ,
Negligence ,
Professional Negligence
The Supreme Court of North Carolina recently issued an opinion that could have a substantial impact on the enforceability of arbitration agreements when a fiduciary relationship exists, particularly in the context of consumer...more
A number of amendments to North Carolina’s sales tax laws applicable to the construction industry took effect January 1, 2017. These amendments will provide welcome relief to many contractors engaged in new construction....more
In Weidman v. ExxonMobil Corporation, et al., No. 13-2007 (4th Cir., January 8, 2015), the Fourth Circuit confirmed that the “fraudulent joinder” doctrine requires neither an allegation of fraud nor a situation involving a...more
In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target...more
Is a twenty-year product or construction warranty really good for twenty years? The North Carolina Supreme Court is poised to hear arguments in the case of Christie v. Hartley Construction, Inc. and the outcome will be...more
The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court...more