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Posts filed under: Construction Contracts & Litigation

Managing performance on a construction project is difficult when everything is going smoothly. When the inevitable unexpected event occurs that impacts the planned work or sequence of work it is exponentially more difficult. Contractors and subcontractors are entitled to extensions...
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...
Although virtually any contract provision can impact the outcome of a dispute, most significant contract disputes are determined by how risks are allocated in a small set of clauses, our top ten. This post begins a series on risk allocation...
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...
North Carolina General Statute § 1-50(a)(5) provides that “[n]o action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property shall be brought more than six years from the later...
The most commonly used general conditions (AIA A201 – 2007) provides that an owner may terminate a construction contract for cause upon seven days written notice. The AIA contract does not provide the contractor with an express right to cure....