Monthly Archives: August 2012

Barnstorming Tour on Revisions to North Carolina’s Lien and Bond Laws Kicks Off Tomorrow In Durham

I’m excited to be one of five North Carolina lawyers participating in a series of seminars sponsored by CarolinasAGC aimed at helping the construction industry understand the significant lien and bond revisions passed by the General Assembly and signed into law by Governor Perdue earlier this summer.

Over the coming weeks, CAGC is sponsoring five such seminars in Durham, Wilmington, Greensboro, Charlotte and Asheville.  CAGC’s website describes each seminar as follows:

This two hour seminar will cover the major, recently enacted revisions to North Carolina’s lien and public bond law statutes.  House Bill 1052 and Senate Bill 42 were signed into law this July, and will take effect respectively in January and April 2013.  The new laws substantially modify the steps that all parties will have to take to protect their interests — regardless of whether they are an owner, buyer, contractor or sub/supplier. In particular, the new laws impose significant new notice requirements for both public and private work.  This seminar will be taught by attorneys that were intimately involved in passing the legislation and will cover in detail what the changes are and what you’ll need to do to protect your interests starting in 2013.  Attendees will receive a written summary of the lien laws as amended and a copy of the Power Point
presentation presented and have ample opportunity to ask questions from the presenting attorneys.

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Filed under Events, Lien Law, Payment Bonds, State law, policy & news, Surety Law

Bucking the Trend: The “Completed and Accepted Work Doctrine” Lives On In North Carolina

Image by eschipul via Creative Commons license.

In recent years, a majority of states have ruled that a contractor can be found liable for personal injuries suffered by third parties from accidents occurring after the contractor’s work is completed and accepted.

Not North Carolina.

In a decision handed down on August 7, 2012, the N.C. Court of Appeals (“COA”) once again embraced the “completed and accepted work doctrine,” which provides that an independent contractor is not liable for injuries to third parties occurring after the contractor’s work is completed and accepted.  The doctrine has been the “law of the land” in the Old North State since 1946, and our appellate courts show no signs of reversing course.

This post explores the COA’s decision in Lamb v. D.S. Duggins Welding, Inc., considers the merits and drawbacks of the completed and accepted work doctrine and concludes with some observations about the rule’s exceptions and limitations.

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Filed under Construction Defects, Defect Claims, Feature story, NC case law, State law, policy & news