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Under North Carolina law, pay when paid clauses are unenforceable. Simple enough, in theory. To be more specific, “payment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor...
I preface this post with the disclosure that in my practice I serve both as an arbitrator — AAA administered and privately administered — and as an advocate in arbitration. In talking to lawyers throughout North Carolina, I hear the...
Meynardie & Nanney is pleased to congratulate Bob Meynardie on his inclusion in the 23rd Edition of The Best Lawyers in America for his high caliber of work. Chosen for inclusion in the practice area of Construction Law, this peer...
This post is part of our Guided Choice Mediation series, where we explore what it is, why it improves on traditional mediation, and how it works. Guided Choice Mediation is an evolving process that expands and builds on more common place facilitated settlement...
Our Top 10 Construction Terms series identifies and discusses the key construction contract provisions that affect risk allocation among the project participants. Indemnification Part 1 described the various sources of a right to indemnification and suggested that indemnification for contract-related...
We are pleased to announce that partners Bob Meynardie and Joe Nanney were named to the 2017 North Carolina Super Lawyers List. Bob was selected for inclusion in the areas of Business Litigation and Construction Litigation. This is Bob’s ninth...
North Carolina General Statutes chapter 44A grants contractors and certain subcontractors the right to place a lien on property if they are not paid in a timely fashion for providing labor and material that improved the property. General Statute §...
Our Top 10 Construction Terms series identifies and discusses the key construction contract provisions that affect risk allocation among the project participants. This post, Indemnification Part 1, describes the various sources of a right to indemnification and suggested that indemnification for...
Resolving commercial and construction disputes is expensive. According to one source, 98% of commercial disputes are resolved prior to trial or arbitration. However, most are not resolved until the parties have spent an enormous amount of time, energy, and money...
With bilateral and bicameral support, the creation of a private cause of action for the misappropriation of trade secrets has seemed inevitable for some time. President Obama signed the bill into law on May 11, 2016. In previous posts, we...