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Jan 5, 2011

First-impression: Builder faces personal liability for negligence

"The corporate veil was not pierced here," Wilmington attorney Ryal Tayloe told Lawyers Weekly. But the president and sole shareholder of Wrightsville Beach-based Collins Building, Inc., will still face plaintiffs in his individual capacity, after the Court of Appeals reversed a New Hanover County Superior Court judge's dismissal of claims against Collins. The Jan. 4 apparent first-impression de[...]

Dec 23, 2010

Lawsuit calls LEED into question

By NATHALIE WEINSTEIN, Dolan Media Newswires [email protected]   For the past 15 years, architects like Jeff Myhre have viewed the U.S. Green Building Council’s Leadership in Energy and Environmental Design certification as the benchmark for energy efficiency. A recent lawsuit filed against the U.S. Green Building Council, however, has called the effectiveness of the LEED [&h[...]

Nov 24, 2010

Contract – Attorney’s Fees – Construction – Miller Act – Surety – Pre- & Post-Judgment Interest

U.S. ex rel. SCCB, Inc. v. P. Browne & Associates, Inc. (Lawyers Weekly No. 10-03-1117, 24 pp.) (Thomas D. Schroeder, J.) M.D.N.C. Holding: Under N.C. law, attorney’s fees may be collected under a construction subcontract, as it is “evidence of indebtedness” within the meaning of G.S. § 6-21.2. Since plaintiff’s subcontract provided for the collection […]

Nov 5, 2010

$2.3 million construction suit remanded to Union County

  By PAUL THARP, Staff Writer [email protected] Charlotte attorney James B. Gatehouse said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, “I anticipate that this one will be tried,” Gatehouse said of Signature Development, LLC v. Sandler Commercial at Union, LLC (Lawyers Weekly No. 10-07-1057, 33 pp.). [&h[...]

Sep 2, 2010

$1.3M settlement in death caused by rock from dump truck

Jane Doe was a 41-year-old wife and a mother of two young daughters who was fatally injured by a 5-pound rock that crashed through her windshield and struck her forehead. Efforts to identify the source of the rock led the plaintiff’s counsel to an excavation area from which fill was being hauled for a nearby […]

Aug 2, 2010

Mediated settlement reached in Indian Beach condo dispute

The plaintiff was serving as general contractor on a 70-unit condominium project located at Indian Beach (“the project”) in a contract with Shearin Family Investments, LLC (“Shearin”). The defendant was the construction lender for the project. Beginning in 2007, the plaintiff provided construction services for the project. Shearin was chronically behind on payment, and, the[...]

Jul 28, 2010

Defense verdict in suit over Watauga construction injury

In October 2006, the plaintiff’s decedent, a roofing subcontractor, was injured on a construction site on Beech Mountain when wooden roofing trusses fell on him causing open leg fracture and closed arm fracture. He passed away in July 2009, following amputation of the injured leg, and his physician opined that his 2009 death was caused […]

Jan 11, 2010

Plaintiffs claimed townhomes had defects

This case arose out of the development of a townhome neighborhood in Carriage Park in Henderson County. The developer, Carriage Park Associates, LLC, created a restricted townhome community and provided plans for construction, the lots, a designated builder (Estate Homes of North Carolina, Inc.) and a base price for construction of the unit. The plans […]

Jan 11, 2010

Construction case was sent to referee for a report

Cleveland Construction filed a complaint against Ellis-Don Construction, Inc.; HKS, Inc.; Federal Insurance Company; and The Travelers Casualty and Surety Company (formerly known as Aetna Casualty and Surety Company) on Nov. 30, 2004. The claims arose out of work the plaintiff performed on the University of North Carolina Women’s & Children’s Hospital Project. Defendant Ellis-Don [[...]

Jan 11, 2010

Jury renders verdict in contractor’s favor

The case arose out of a cost-plus project that initially started as a gazebo and retaining wall project and morphed into substantial improvements to the homeowners’ property, including the labor and materials necessary for various water features, an arbor, an elevator shaft and the labor for preparation and placement of a large cabana. When the […]

Jul 14, 2008

The LEED creed: Selling itself first, saving the planet later

By DUSTIN BLOCK Dolan Media Juli Kaufmann never did answer the question: Can a building be LEED certified without being green? The question arises because Leadership in Energy and Environmental Design is the most popular of the green-building rating systems, attracting both enthusiastic adherents and furrow-browed doubters. Green building is supposed to protect the environment, […]

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