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HTMLNot Your Average Bond - Design Services in Alternative Project Delivery Methods
Alyssa M. Bussey; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 2, 2015, previously published on May 5, 2015
The rise in popularity of alternative project delivery methods that combine design services complicates the already opaque world of surety bonds. As a general matter, for any project type, a bond is a tripartite transaction in which the contractor pays a percent of the penal sum of the bond to the...


HTMLKey Questions about Virginia’s Statute of Repose
Edward E. (Ned) Nicholas; Vandeventer Black LLP;
Legal Alert/Article
May 28, 2015, previously published on March 2015
Builders and design professionals are sometimes sued for personal injuries and property damages arising out of their construction and design work. Because buildings tend to last for decades, builders and design professionals would face decades of potential exposure to such suits if it weren’t...


HTMLDuty of Care: A Professional Consultant¿s Duty to Warn
Jacy A. J. Whittaker; Parris Whittaker;
Legal Alert/Article
May 27, 2015, previously published by on May 26, 2015
Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?


HTMLAre You Covered? Managing Risk with Commercial General Liability and Builder¿s Risk Insurance
Christopher Markus; Dressman Benzinger LaVelle psc;
Legal Alert/Article
May 21, 2015
Although markedly different in purpose and nature, commercial general liability (CGL) and builder¿s risk insurance products are both critical for construction professionals concerned with managing risk.


HTMLConstruction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
For those of us who commonly represent lenders, there is nothing more unsettling than hearing the words “course and pattern of conduct” or “dominion and control” or some variation of the same. Any suit where someone seeks to impose liability on a bank for something above and...


HTMLCritical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects
Mark D. Bogard; Jaburg Wilk;
Legal Alert/Article
May 19, 2015
On April 30, 2015, Arizona¿s most common construction industry practice for serving a Preliminary Twenty Day Notice (¿Prelim¿) on an Arizona public project-first class mail with certificate of mailing-was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v....


HTMLVirginia Legislation Significantly Impacts Construction Industry
Douglas T. Stark; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the Virginia Code declares that any attempt by a subcontractor or...


HTMLNorth Carolina Gearing Up for Major Road Improvement Projects
Stephanie U. Roberts; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
Few things shout “economic development” louder than substantial road improvement projects. For Division 9 of the North Carolina Department of Transportation (“NCDOT”), many more developments are underway. The Winston-Salem Northern Beltway (“Northern Beltway”) is...


HTMLRighting a Wrong in West Virginia - The Residential Construction Right to Cure
John R. Teare; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs.


HTMLCourt Can Act as Bondsman and Require Contractors to Procure Warranties Through Specific Performance
Suriya Edwards, Julie Teal; Withers Bergman LLP;
Legal Alert/Article
May 15, 2015, previously published on April 30, 2015
We come across situations sometimes where contractors agree to enter into contract with clients, with a form of bond or collateral warranty attached to the contract. The contract is signed and works commence on site. Both the contractor and the client are well into the project. The contractor then...


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