In Nutt v. Andrew L. Ritter, in his official capacity as Executive Director of the North Carolina Board of Examiners for Engineers and Surveyors, et al, 2023 WL 9067799 (E.D.N.C. December 20, 2023), the Court found that an individual not licensed as an engineer did not run afoul of North Carolina’s prohibition against the unlicensed practice … Continue Reading
Recent Construction Legislation and Cases
General Contractor Licensing Threshold Changed
Effective October 1, 2023, the threshold cost of the undertaking to trigger the requirement to possess a general contractor license will change from $30,000 to $40,000. 2023 NC Sess. Laws 108. This legislation also increased the trigger amount for the appointment of a lien agent in N.C. Gen. Stat. Chapter 44A.
Legislature Creates Deadlines for Director’s Decisions on Verified Claims Submitted to the North Carolina Office of State Construction
On June 21, 2019 Governor Roy Cooper signed into law the first significant changes to the State’s “Verified Claims” process in over 30 years.Senate Bill 255 (ratified as S.L. 2019-39) amended N.C. Gen. Stat. §143-135.3. The legislation was titled “An act providing the time period in which the Director of the Office of State Construction … Continue Reading
Legislature Creates New Requirements for Prequalification of Bidders (October 2014)
In the Summer of 2014, the North Carolina Legislature enacted vast changes to the process by which prospective bidders on public construction contracts are prequalified. N.C. Sess. Laws 2014-42, amending N.C. Gen. Stat. § 143-135.8. Prequalification is defined as “[a] process of evaluating and determining whether potential bidders have the skill, judgment, integrity, sufficient financial … Continue Reading
North Carolina Court of Appeals Distinguishes “Equitable Adjustment” Clause From “No-Damages-For-Delay” Clause
It is not unusual to see a “no-damages-for-delay” provision in a construction contract. But what happens if the contract also includes a separate provision entitling one party to an equitable adjustment for cost increases incurred after the project’s scheduled completion date? In Southern Seeding Service, Inc. v. W.C. English, Inc., 719 S.E.2d 211 (N.C. App. … Continue Reading
Legislature Makes Significant Changes to North Carolina’s Lien and Bond Law (July 2012)
For the first time in nearly twenty years, the North Carolina Legislature has made significant changes to North Carolina’s Lien and Bond Law. Whether you are an owner, a general contractor, a subcontractor, a supplier, or a design professional, you will likely be affected by Senate Bill 42 (SB42) and House Bill 1052 (HB1052). Each … Continue Reading
New Law Changes How Courts Award Attorneys’ Fees in Business Disputes (October 2011)
Sometimes in litigation, even if you win, you lose. Even if you have a great case and recover all the money you’re owed, you’re usually still out of pocket for your attorneys’ fees. Historically, North Carolina law has not allowed the winning party in a lawsuit or in an arbitration to recover its attorneys’ fees … Continue Reading