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Tag Archives: Construction Project

Workers’ Compensation – Going & Coming Rule – Construction Company – Commute to Jobsite – No Exception (access required)

Avent v. PLT Construction Although plaintiff, a Surf City resident who was assigned to a Kinston construction project, was a “full-time employee” of the defendant Wilson construction company, there was no guarantee that plaintiff would continue in defendant’s employ at the conclusion of the Kinston project.

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Workers’ Compensation – Carrier on the Risk – Construction Project – Subcontractor’s Policy Cancellation – Agency – Ineffective – General Contractor – Failure to Obtain Certificate (access required)

Gonzalez v. Worrell Where the defendant-subcontractor’s insurer could not produce the green signature card from its certified-mail cancellation of the subcontractor’s workers’ compensation policy, the insurer failed to prove that it successfully completed the process for canceling the subcontractor’s policy set out in G.S. § 58-36-105(b).

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Contract – Real Property – Lien – Construction Project – Agency (access required)

Young & McQueen Grading Co. v. Mar-Comm & Associates, Inc. It doesn’t matter that the plaintiff-contractor dealt with two entities – Mar-Comm & Associates, Inc. (the actual property owner) and Mar-Comm & Associates of North Carolina, LLC – with regard to a construction project since Mar-Comm of NC was acting as Mar-Comm’s agent.

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Contract – Construction Project – Subcontractor — Completion Certification – Interest & Attorney’s Fees (access required)

Miller & Long, Inc. v. Intracoastal Living, LLC The plaintiff-subcontractor and the defendant-contractor built four buildings in the project at issue. As to the first two buildings, the contractor’s project manager certified to the project owner that the subcontractor’s work on the buildings was 100 percent complete on June 1, 2007, and the project architect made the same certification. The contractor cannot change its position at this late date and has waived any challenges to the subcontractor’s work on the first two buildings. The subcontractor’s motion for partial summary judgment against the contractor is granted in part.

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Contract – Construction Project – Subcontract – Time for Payment – Reasonable Time – Three Years (access required)

RJM Plumbing, Inc. v. Superior Construction Corp. When the parties’ contract does not set a time for payment, the issue of what is a reasonable time for payment is a mixed question of law and fact. Without extenuating circumstances or even an explanation by the defendant-general contractor, it would be unreasonable as a matter of law to expect the plaintiff-subcontractor to wait three years to be paid for its work. The subcontractor’s motion for partial summary judgment against the general contractor is granted.

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Arbitration – Motion to Compel – Unwritten Contract – Construction Project – Fourth Building – Unsigned Contract — Prior Contracts – Exceptions to Arbitrability (access required)

Miller & Long, Inc. v. Intracoastal Living, LLC Even though the parties’ written subcontracts included an arbitration clause, and even though the parties had already built three buildings in the project at issue, since the parties never reduced their subcontract to writing with respect to a fourth building, the plaintiff-subcontractor’s claims with regard to the fourth building are not subject to arbitration. However, even though the parties never signed the subcontract pertaining to the third building, its arbitration clause is enforceable.

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Contract – Implied – Insufficient Showing – Construction Project – Subcontract Terms (access required)

Lomax Construction, Inc. v. Triad Sheet Metal & Mechanical, Inc. Even if the plaintiff-general contractor made a qualified acceptance the defendant-subcontractor’s bid, the parties did not enter into a written contract, and the communications and conduct between the parties was insufficient to show that they formed an implied contract. Therefore, the contractor cannot make out a breach of contract claim based on the subcontractor’s refusal to stand by its bid once it realized the project owner had added a new component just before bids were due. We affirm summary judgment for the subcontractor.

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Contract – Construction Project – Subcontractor – Change Orders & Delay Charges – Statute of Limitations – Prejudgment Interest (access required)

Cleveland Construction, Inc,. v. Ellis-Don Construction, Inc. Where the defendant-general contractor filed claims -- including the plaintiff-subcontractor's claims -- with the project owner and asked the . . .

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