Category Archives: Subcontractors

N.C. Liens/Bonds, They Are A-Changin’ Part III: Double Payment Protection for GC’s

For North Carolina general contractors, the big prize in last year’s lien and bond law legislation was protection from double payment exposure on bonded public contracts.  Carolinas AGC lobbyist Dave Simpson has said on numerous occasions that he spent the better part of two decades pushing the N.C. General Assembly for double payment protection.   In a similar vein, Carolinas AGC member Susie Shaw of Beam Construction added that “this has been an issue I have heard about from my father since I was a young child.  It took a long time, but I am glad it is coming to pass in my lifetime.”

This post explains the “double payment” provisions of the new lien/bond laws in-depth, focusing on how prime contractors are exposed to double payment liability on public projects, how the new statute provides protection from that exposure, and the limits of the new legislation.  Continue reading

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Filed under Feature story, Payment Bonds, Payment for Goods and Services, State law, policy & news, Subcontractors

Will QR Code Technology Provide Contractors Quick Relief in Filing Preliminary Lien Notices?

Ever since its passage last summer, North Carolina’s so-called “lien agent statute” has caused much consternation throughout the commercial construction industry, with many contractors, subs and suppliers worried that it will be inconvenient and expensive for them to comply with the statute’s various requirements (which I’ll be discussing in detail as my “Lien & Bond Law Revolution” series continues in the weeks ahead).  The title insurance industry, however, has tried to assure leery potential lien claimants that an online application will make filing preliminary lien notices convenient and inexpensive.This week, we’ll get down to where the rubber meets the road on that assurance.  Continue reading

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Filed under Events, Lien Law, State law, policy & news, Subcontractors

The Ties That Bind, and Those That Don’t: Subcontracts v. Sub-bids

I frequently receive phone calls from general contractors curious to know what their legal rights and obligations are with respect to subcontractors before a subcontract agreement is actually reached.  Invariably, these calls entail answering one of two questions:(1)  Can I sue a subcontractor who wants to back out of its sub-bid or estimate?  Or,

(2)  Am I obligated to use a subcontractor upon whose sub-bid or estimate I based my prime contract price?

Generally speaking, the answer to both questions is “No.”  That’s partially good news for subs, and partially good news for GC’s.  Here’s why.

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Filed under NC case law, Subcontractors