Balfour Beatty Infrastructure Inc. v. Mayor and City Council of Baltimore (Lawyers Weekly No. 001-087-17, 12 pp.) (Harris, J.) No. 16-1322, April 25, 2017; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: A contractor that missed a deadline in ...

Tagged with: Contractor

Ripley v. Foster Wheeler LLC (Lawyers Weekly No. 001-149-16 , 9 pp.) (Thacker, J.) No. 15-1918, Nov. 1, 2016; USDC at Newport News, Va. (Allen, J.) 4th Cir. Holding: The 4th Circuit reverses a district court order remanding to Virginia ...

Tagged with: Contractor

Fisher Housing Companies v. Hendricks Where a contractor who builds “stick-built” homes testified that he had no experience with modular homes, the trial court correctly determined that the contractor lacked the requisite level of skill to testify as an expert in the construction of a modular home.

Tagged with: Civil Practice Contractor evidence

McMillan v. Ryan Jackson Properties, LLC The hearing on the defendant-contractor’s summary judgment motion was conducted on July 7, 2011, five weeks after plaintiffs were notified that the contractor’s project file was available for pick-up. Plaintiffs offered no explanation for their three-week delay in picking up the project file. Five weeks was a reasonable time for plaintiffs and their expert to retrieve and examine the contractor’s file in order to discover any evidence which could be used to oppose the summary judgment motion. We find no abuse of discretion in the trial court’s denial of plaintiffs’ motion to continue.

Tagged with: Civil Practice Contractor Real Property summary judgment Tort/Negligence

Ford v. All-Dry of the Carolinas, Inc. (Lawyers Weekly No. 11-16-0429, 24 pp.) (John C. Martin, C.J.) Appealed from Superior Court. (Dennis J. Winner, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The plaintiff ...

Tagged with: Breach of Contract Contractor directed verdict JNOV Negligence Unfair & Deceptive Trade Practices

With so many diverse and competing interests, it's been difficult to get a consensus on how to do something everyone agrees must be done: Change the state's lien laws. Nan E. Hannah (pictured), head of the N.C. Bar Association's Construction Law Section, said recent bankruptcy decisions, economic factors, concerns in the title industry and other issues led the section to "take a really hard look at the lien law" this year.

Tagged with: Construction Contractor Liens Subcontractors

Construction accidents frequently give rise to third-party tort claims. Given the number of entities involved on major construction projects, the chances of identifying a culpable party that is not protected by the exclusive remedy provisions of the workers' compensation act are rather good.

Tagged with: Construction Contractor personal injury Workers Compensation

McCorkle v. North Point Chrysler Jeep, Inc. (Lawyers Weekly No. 10-07-1221, 10 pp.) (Linda Stephens, J.) Appealed from Guilford County Superior Court (Edwin G. Wilson, J.) N.C. App. Click here for the full text of the opinion. Holding: A property ...

Tagged with: Contract Contractor Premises Liability Subcontractors Tort/Negligence