Recent Construction Legislation and Cases

Court rules that a person’s submission of expert reports and testimony on alleged stormwater management negligence claims did not violate North Carolina’s statutory prohibition against the unlicensed practice of engineering.

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

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 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