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
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
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
The Occupational Safety and Health Agency (OSHA) recently released guidance concerning construction jobsite safety requirements to mitigate risk arising from the coronavirus (COVID-19). These actions include certain guidance...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 American Institute of Architects (AIA) recently released the 2017 edition of eleven standard construction and design contract forms, and it plans to release revisions to an additional eighteen forms in the fall of 2017....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
Effective September 1, 2013, the City of Raleigh adopted comprehensive new zoning and land development regulations referred to as the Unified Development Ordinance (UDO). Although the UDO retains the City’s preexisting R-4,...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