Please ensure Javascript is enabled for purposes of website accessibility


Jun 5, 2014

4th Circuit shores up subcontractors’ positions on post-petition liens

Ignoring a trio of decisions from the U.S. Bankruptcy Court for the Eastern District of North Carolina that strayed from the industry standard, the 4th U.S. Circuit Court of Appeals recently found that North Carolina law does allow subcontractors and suppliers to perfect their liens after a debtor has filed for bankruptcy. The case, Branch […]

Apr 6, 2011

Contract – Construction Project – Subcontractor – Change Orders & Delay Charges – Statute of Limitations – Prejudgment Interest

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 . . .

Feb 18, 2011

NCBA section takes on ‘arduous task’ of updating lien laws

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 a[...]

Dec 23, 2010

Tort/Negligence – Premises Liability – Contractor – Subcontractor – Duty of Owner – Contract

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 owner’s duty of reasonable care shifted by contract to the general contractor during construction of […]

Sep 13, 2010

Contract – Payment Bond – Subcontractors – Interest

Boatwright Distribution & Supply, Inc. v. North State Mechanical Inc.  (Lawyers Weekly No. 10-16-0888, 7 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Paul C. Ridgeway, J.) N.C. App. Unpub. Holding: The third-tier subcontractor was a proper claimant under the terms of a payment bond secured by the first-tier subcontractor. Therefore, its claims […]

Top Legal News

See All Top Legal News


See All Commentary