In this edition, our team weighs in on a wide variety of issues relevant to the construction industry, ranging from OSHA’s increased focus on elevated work safety and anti-bias clauses in construction contracts to protecting...more
New and Revised AAA Rules that May Affect Your Construction Contracts -
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or...more
Does your contract contain a dispute resolution section that refers to the American Arbitration Association (“AAA”) rules, mediation and/or arbitration proceedings? If so, then you need to be aware of some changes that took...more
Biden-Harris Administration Announces New Buy Clean Actions to Ensure American Manufacturing Leads in the 21st Century -
"The Initiative ensures that federal financing and purchasing power are creating good-paying jobs,...more
JCG & Assocs., LLC v. Disaster Am. USA, LLC -
"North Carolina general contractor licensing issue highlights unique claims."
Why this is important: North Carolina has been cracking down on general contractor licensing,...more
The Pain of Inflation: Construction Companies Feel the Pinch as Prices Rise -
"A recent report from the Associated General Contractors of America states that, from April 2021 through the first quarter of 2022, the price...more
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) -
In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more
7/5/2022
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Defense Strategies ,
General Contractors ,
Solar Energy ,
Subcontractors ,
Surety Bonds
Lessons in Arbitration Construction Dispute -
In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift,...more
Change in “Pay When Paid” Provisions for VA Public Contracts
"An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more
3/29/2022
/ Carbon Emissions ,
Climate Change ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Governor Wolf ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
State Contractors ,
Subcontractors ,
Supply Chain
What Does Biden's Union Mandate Mean for Construction Projects?
"President Biden signed an executive order that would require large projects funded by the infrastructure law to use project labor agreements — pre-contract...more
3/1/2022
/ 3D Printing ,
Arbitration ,
Biden Administration ,
Construction Industry ,
Construction Project ,
Design-Build ,
Employer Mandates ,
General Contractors ,
Housing Developers ,
Mentor-Protege Program ,
Project Labor Agreements ,
Public Projects ,
Subcontractors ,
Unions
How Climate Change is Changing the Game for Concrete -
"A new American Concrete Institute committee is assessing the affect of global climate change on sustainability of concrete structures, as more-severe salt-water...more
2/1/2022
/ Background Checks ,
Climate Change ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Criminal Background Checks ,
Department of Transportation (DOT) ,
Drones ,
Environmental Policies ,
FDIC ,
Infrastructure ,
Unmanned Aircraft Systems
5 Ways to Protect Yourself When Taking Over Someone Else's Project -
"Many of the risks center around one thing: fixing the previous contractor's mistakes."
Why this is important: Stepping into an existing project is a...more
The coming year will bring significant opportunities to businesses across the construction industry regarding government projects, particularly to minority and woman-owned businesses ("M/WBEs"). Governments across the nation...more
This past year the North Carolina Legislature has been incredibly active. Among the legislation proposed and adopted, a few bills will create changes in how contractors interact with various public entities. Most notably, big...more
10/24/2018
/ Competitive Bidding ,
Construction Industry ,
General Contractors ,
New Legislation ,
Public Entities ,
Public Private Partnerships (P3s) ,
Public Schools ,
Public Works ,
State Contractors ,
State Departments of Transportation ,
State Legislatures
In this edition of The Site Report, our construction law e-newsletter, we cover a variety of issues affecting our clients and the industry right now....
...more
10/19/2018
/ Construction Defects ,
Construction Industry ,
Contractors ,
Federal Contractors ,
Goods or Services ,
Licensing Rules ,
Minority-Owned Businesses ,
Public Contracts ,
Public Works ,
Sales Tax ,
Spoliation ,
State Contractors ,
Women-Owned Businesses
Drivers will see more "Road Construction Ahead" signs over the next decade, which means BIG opportunities await infrastructure contractors and suppliers. How big? The North Carolina Department of Transportation ("NCDOT") was...more
4/25/2018
/ Bid Solicitation ,
Bridges ,
Business Opportunities ,
Construction Industry ,
General Contractors ,
Highways ,
Infrastructure ,
Railways ,
State and Local Government ,
State Departments of Transportation ,
Subcontractors ,
Surface Transportation
Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations, a nonsignatory may take advantage of an arbitration agreement between other parties....more
4/24/2018
/ Appeals ,
Arbitration ,
Construction Project ,
Equitable Estoppel ,
Fraud ,
Misrepresentation ,
Motion to Compel ,
Non-Signatories ,
Public Works ,
State Contractors ,
Subcontractors ,
Third-Party ,
Tortious Interference ,
Wrongful Termination
Welcome to Our First Issue of 2018 -
There have been many changes and new developments in the construction industry since the start of the year. As with any industry that experiences sweeping changes, we keep a sharp eye...more
4/23/2018
/ Arbitration ,
Construction Industry ,
Equitable Estoppel ,
General Contractors ,
Infrastructure Financing ,
Motion to Compel ,
Natural Gas ,
Non-Signatories ,
Renewable Energy Investments ,
Solar Panels ,
State and Local Government ,
Subcontractors ,
Tariffs ,
Tax Cuts and Jobs Act ,
Transportation Industry
Lawsuits over defective construction are common in South Carolina. So, when a construction company covered by a CGL insurance policy is sued over an alleged construction defect, the insurance company may agree to defend the...more
12/6/2017
/ Commercial General Liability Policies ,
Compensatory Damages ,
Conflicts of Interest ,
Construction Defects ,
Construction Industry ,
Contractors ,
Cumis Counsel ,
Fiduciary Duty ,
Indemnification Clauses ,
Insurance Industry ,
Notice Requirements ,
Reservation of Rights ,
SC Supreme Court
Welcome to the first issue of our newly redesigned e-newsletter for the construction industry. The name and look of this publication may have changed, but one thing remains the same: our dedication to providing insightful,...more