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Construction Law

Womble Carlyle Constrution Industry Blog

Womble Carlyle Construction Law team follows construction industry.

Post Frequency: 77/day

Last Entry: July 20, 2009 at 16:17:00

SOL Countdown

Posted on November 12, 2007
Statute of Limitations ("SOL") cases can be complicated, and my mission in this space is to keep this simple. The case is Baum v. John R. Poore Builder, Inc., 643 S.E.2d 607 (N.C. App. 2007). Climb aboard and I?ll share the story. North Carolina Homeowners sued a Builder, Tile Subcontractor and Engineer for construction problems with their deck...

AIA Launches New Contract Documents

Posted on November 08, 2007
On November 7, the AIA formally introduced 40 revised, new or renumbered contract documents and commentaries. The AIA touts its contract documents as the most widely used standard form agreements in the construction industry, a claim that is supported by an article appearing in the November 5 issue of Engineering News-Record entitled "AIA Forms Running Far Ahead of Rivals" (subscription required)...

Florida Court of Appeals: A201 Arbitration Requirement Survives Termination of the Contract

Posted on November 01, 2007
I recently noted in the September 2007 edition of the Construction Litigation Reporter an interesting case dealing with the timing of a party's decision to terminate a contract and that party's subsequent ability to invoke the arbitration provisions contained in the AIA A201-1997...

BIM FORUM Drafting an Addendum to ConsensusDOCS

Posted on October 27, 2007
hThe BIM Forum meeting in Boston (see my prior post on the Forum here) was preceded by last month?s initial release of ConsensusDOCS, the standard form contract software series created through the collaboration of Associated General Contractors of America (?AGC?) along with a host of other owner, surety, contractor, and subcontractor-related trade groups...

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Leading Construction Lawyer Identifies Ten ?Industry Transformational Trends?

Posted on October 26, 2007
Patrick J. O?Connor, Esquire, the outgoing editor of Under Construction, the newsletter of the ABA Forum on the Construction Industry, wrote an interesting article in the August 2007 issue of Under Construction. In Mr. O?Connor?s view, the next ten years will be the most exciting time to practice construction law in a generation, because the industry will be undergoing transformational change...

BIM Forum Discusses Implementation Strategies

Posted on October 22, 2007
The BIM Forum, a remarkable group of construction industry professionals, convened October 11 -12 in Boston to discuss delivery of design and construction services in the digital age ? and, in particular, the role of building information modeling (?BIM?) in that process...

Architects: Business Conditions Strong, But Slowing

Posted on October 15, 2007
A recently published survey of business conditions by the American Institute of Architects (AIA) concludes that business conditions remain relatively healthy in most regions in the country. Geographically, strongest business conditions were reported in the Western Mountain, Texas and Middle Atlantic regions...

LEED for Neighborhood Development

Posted on October 01, 2007
The U.S. Green Building Council recently announced that 238 development projects throughout the nation will participate in its pilot program for LEED for Neighborhood Development. The Neighborhood Development Rating System "integrates the principles of smart growth, urbanism, and green building into the first national standard for neighborhood design...

International Code Council and U.S. Green Building Council Form Strategic Alliance

Posted on October 01, 2007
The ICC and the USGBC recently entered into a memorandum of understand (MOU) memorializing their agreement to work together on public policy issues on which the interests of both organizations are aligned. The MOU acknowledges the ICC?s leading role in fostering safety for the built environment and the USGBC?s leading role in advocating sustainability in the building marketplace...

Substantial Similarity Test: Altered by Reality?

Posted on September 17, 2007
In a recent case in the United States Court of Appeals for the Sixth Circuit, two architectural firms sought the Court's guidance with respect to whether one of the firms had infringed the copyright of the other firms design and site plans. In Tiseo Architects, Inc...

Even without contractually-required change order, contractor recovers additional HVAC costs against owner on summary judgment

Posted on September 07, 2007
The North Carolina Court of Appeals recently upheld a summary judgment decision in favor of Inland Construction Company, a general commercial contractor, for additional HVAC costs on a job where no change order was issued or executed. The Court agreed with the trial judge, Hon...

Did Georgia Unintentionally Codify its Broad Form Indemnification Loophole?

Posted on September 04, 2007
On May 18, Georgia Governor Sonny Perdue signed H.B. 136, a bill that was intended to expand the state's prohibition against broad form indemnification to include those situations in which the indemnitor was required to obtain liability insurance, effectively closing a loophole created by the Georgia Court of Appeals decision in McAbee Const...

Changes to Georgia Contractor License

Posted on August 24, 2007
As Georgia?s implementation of its new residential and general contractor licensing statute progresses, this year?s General Assembly made several changes ? among the most significant being:The statute?s final implementation date was extended by six months ? to July 1, 2008...

Shifting Tides of New Contractor Retainage Legislation - North Carolina Public Projects

Posted on August 22, 2007
On June 12, 2007, my colleague Culley Carson posted a blog entry entitled "Public Owners Beware: Legislation in North Carolina General Assembly Will Cap Retainage in Public Construction Projects." A variation of this legislation was recently ratified and signed into law by the Governor on August 17, 2007...

Florida Researchers to Huff, Puff, and Blow Houses Down

Posted on August 18, 2007
The Wall Street Journal reports that Florida International University and a reinsurer (providers of insurance for insurance companies) are finding ways to help buildings survive hurricane season. They have developed a tool, dubbed the Wall of Wind, to test the effects of hurricane force winds and rain on full-scale, low-rise residential buildings...

Builder?s Dream Home a Bit of a Nightmare

Posted on July 25, 2007
A Lake Norman, North Carolina homeowner gave a builder "consent" to use plans copyrighted by an architect as long as he built 30 miles away, because "[she] felt with all we had paid, we owned the plans at that time." All was fine until the builder?s subcontractor asked the architect for clarification on how to build the windows in the French-country style house...

EPA Touts Increased Construction of Energy Star Complaint Homes

Posted on July 19, 2007
A JULY 12, 2007 PRESS RELEASE FROM THE EPA NEWSROOM READS:In 2006, the percentage of newly constructed single family homes earning the government's Energy Star for superior energy efficiency exceeded 12 percent in 15 states. The 15 leading states are: Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Iowa, Nevada, New Hampshire, New Jersey, New York, Ohio, Texas, Utah and Vermont...

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