Construction contracts are essential in the construction industry, governing the relationships and responsibilities of all parties involved in a project. Whether you’re a contractor, subcontractor, or property owner,...more
11/11/2024
/ Breach of Contract ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Contract Drafting ,
Contract Negotiations ,
Contractors ,
Default ,
Delays ,
Dispute Resolution ,
Fixed Price Contracts ,
Insolvency ,
Mutual Agreement Procedure ,
Payment Terms ,
Property Owners ,
Scope of Work ,
Subcontractors ,
Warranties
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
8/6/2024
/ Arbitration ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Claims ,
Contractors ,
Dispute Resolution ,
Indemnity ,
Insurance Industry ,
Investment ,
Mediation ,
Payment Systems ,
Property Owners ,
Risk Management ,
Subcontractors
Subcontractors play a pivotal role in construction projects, providing specialized skills and services essential for bringing projects to fruition. However, with this collaboration comes inherent risks that can significantly...more
In most cases, a party to a lawsuit unhappy with a ruling cannot appeal that decision until the lawsuit is completely done. The general rule is that only “final orders” can be appealed – meaning there is nothing the trial...more
On January 10, 2024, the United States Department of Labor released the Employee or Independent Contractor Classification Under the Fair Labor Standards Act Final Rule. The purpose and effect of the Final Rule is to revise...more
In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more
2/7/2022
/ Appeals ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contractors ,
Evidence ,
Expert Testimony ,
Faulty Workmanship ,
Homeowners ,
North Carolina ,
Standard of Care ,
State and Local Government
As too many judgment creditors know (or sometimes quickly learn), a judgment is often not worth much more than the paper on which it is printed. One important exception, however, is when the judgment debtor owns real...more
Legal doctrines develop over time, with judges determined to allocate blame and risk fairly. One such doctrine – an old one – is the “one recovery” rule. The one recovery rule basically means that an injured party should only...more
Phase Two. Second Wave. Essential Business. These are all terms that have taken on significantly changed meanings in the last three months. As many businesses push to navigate reopening in the new reality of reduced capacity,...more
As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require far more effort to collect on the judgment than it does to get a judge to enter it. Often,...more