Category Archives: Uncategorized

New Rules & Regulations Applicable to North Carolina General Contractors

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Hi folks!  As the kids would say, “it’s been a minute.”  But I’m back on the blogging beat and eager to share new construction law content with you in the weeks and months ahead.

While perusing the Fall 2018 newsletter issued by the North Carolina Licensing Board for General Contractors during my lunch break this afternoon, I was reminded of certain regulatory changes approved by the N.C. Rules Commission that affect North Carolina general contractors.  Ten rule changes were put into effect on April 1 (no joke!), and two additional changes took effect on September 1.  Check out the third page of the newsletter I’ve linked for a quick summary.

The changes, among other things, establish 70 as a passing grade for the licensing exam, require that a licensee be in good standing with the Secretary of State’s office before a license is renewed, and limit the number of entities for which a person may serve as qualifier to two.  There are two additional changes that I’d like to highlight here:

First, the rules now clarify that if a joint venture doesn’t hold a general contracting license of its own, each member of the JV must be properly licensed to practice general contracting.  Since the consequences of performing construction work in North Carolina without a license can be severe, contractors bidding and contracting for work in a joint venture setting are encouraged to comply strictly with this regulation.

Second, the rules now provide that all general contractors must include their license numbers “on all contracts, advertisements, and licensee websites.”  Construed broadly, this regulation arguably requires GCs to display their license numbers everywhere–proposal, bids, PowerPoint presentations, prime contracts, subcontracts, purchase agreements, bonds, websites, social media pages, email signature blocks, brochures and other marketing collateral, letterhead, project signage, equipment, vehicles, business cards–you name it.  To minimize the risk of disciplinary action against your general contracting license, you would be well served to begin displaying your license number ubiquitously, and immediately.


Filed under Licensure, Uncategorized

If You Like My Blog Posts, and You Think They’re Helpful, Come On, Readers, Let Them Know

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It’s an honor to be nominated for two prestigious construction industry blog awards this winter, and I humbly ask for your vote in each competition.

ConstructionMarketingIdeasBlogFor the third year in a row, N.C. Construction Law, Policy & News has been nominated for Construction Marketing Ideas’ annual Best Construction Blog competition.  You can find the ballot here.  Once you open the ballot, you can vote for my blog in four easy steps: (1) scroll down and check the square radio button to the left of N.C. Construction Law, Policy & News; (2) click “Next Page: Comments/ verification;” (3) enter your first name, last name and email address; and (4) click Submit.  See?  Easy as 1-2-3 (and 4).  Voting closes on March 31, 2015.

JDRNomineeBadge_Construction2015And for the first time, the blog has been nominated for the 6th Annual JDR Industry Blogger Awards in the Construction Business category.  You can find the ballot here.  Once you open the ballot, scroll down to the “Construction Business” nominations; you’ll see my blog at the bottom of the list.  Click the round radio button to the left of N.C. Construction Law, Policy & News and then hit “Submit.”  Total breeze.  Voting closes on April 10, 2015.

The blogs nominated in both competitions are tremendous resources for AEC professionals in North Carolina, the United States and globally.  As pleased as I would be to earn your vote, it would thrill me even more to know that my readers are spending time in the blogosphere soaking up all of the rich construction risk management content my fellow bloggers have to offer.

Wednesday WisdomSo when you’re done voting, peruse the two lists of nominees and visit those blogs of interest to you.  You’re sure to be entertained and learn something helpful to your bottom line.

As always, thanks for your support of N.C. Construction Law, Policy & News.

Oh yeah, about the title of this post: my apologies to Rod Stewart.  And also to you, dear readers, for implanting that earworm into your noggins.  Might listening to the entire track, courtesy of YouTube’s Rhino channel, help?

It would be an honor to have your vote, Mr. Stewart.


Filed under Uncategorized


Image by nemo /

Image by nemo /

Winston Churchill once observed, “To improve is to change; to be perfect is to change often.”  (UPDATE 3/7/14: I SWEAR I pulled this quote before watching Season 2 of House of Cards; my wife and I had a chuckle when Frank and Remy used it).

While this blog is unlikely to achieve perfection, I am constantly seeking opportunities to improve it.  To that end, last week I introduced three new Twitter timelines to my sidebar: one showcasing chirps from leading AGC and ABC tweeps; one delivering the latest construction industry news; and one that features the tweets I favorite.  My goal?  To keep you informed while introducing you to some of the construction industry’s thought leaders.

Even bigger changes arrive this week.  Starting tomorrow, in an attempt to provide you with more focused, consistent content, I am endeavoring to deliver three regular features each week: the Monday Memo, some Wednesday Wisdom and the Friday Forum.

Monday MemoThe Monday Memo will be my weekly in-depth blog post analyzing a legal issue relevant to members of the construction contracting community, particularly stakeholders in North Carolina.  Whether it’s analysis of a case, statute or policy proposal that could affect your business, the Monday Memo will seek to explore all the angles and provide you with bulleted takeaway points.

Wednesday WisdomWednesday Wisdom will provide you with a hump-day quick hit.  It may alert you to a construction risk you might not be thinking about, identify an online resource worthy of bookmarking or provide a brief contract negotiation, performance or claim resolution tip.  My goal here is provide value to your business in two minutes or less in the middle of each week.

Friday ForumLast but not least, the Friday Forum will showcase the tweets of my construction risk management influencers and my reactions to their observations.  Like the #AEC Top Tweets it will be replacing, the Friday Forum is intended to amplify the perspectives of others, highlight the vibrancy of the online AEC conversation and to further the dialogue by providing my spin.

I can’t promise I’ll always deliver three posts each week — client work comes first, after all, and occasionally can be all-consuming — but I will do my level best to meet this regular schedule.

I truly hope you will enjoy the changes.  Ideas about future posts are most welcome; please feel free to comment below with your suggestions.

As always, thanks for reading N.C. Construction Law, Policy & News.


Filed under Uncategorized

Shutdown Lowdown: What Federal Contractors Can Do To Ease The Pain

As of this writing, our, ahem, “leaders” in Washington appear incapable of avoiding a shutdown of the federal government.  Barring a political breakthrough, at least a partial shutdown is likely, beginning tomorrow morning.  And depending on the duration of the stalemate, the consequences of a shutdown could be felt deeply and painfully throughout our economy, including the construction industry.

Should the federal government shut down, what should contractors do to mitigate the damage? Continue reading

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Filed under Federal law, policy & news, Uncategorized

Celebrate Great Blogs, Come On!

ConstructionMarketingIdeasBlogIt was an honor and a surprise to receive an email from Bob Kruhm, publisher of NC Construction News, earlier this week informing me that he had nominated this blog for the “2013 Best Construction Blog Competition” sponsored by the Construction Marketing Ideas blog.  Voting begins today and continues through April 1.

Continue reading


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Great Judicial Quote About Major Construction Projects

Gotta share this quote I recently read from a 1981 decision of the D.C. Court of Appeals that colorfully captures the complexities and chaos of a major construction project:

[E]xcept in the middle of a battlefield, nowhere must men coordinate the movement of other men and all materials in the midst of such chaos and with such limited certainty of present facts and future occurrences as in a huge construction project …  Even the most painstaking planning frequently turns out to be mere conjecture, and accommodation to changes must necessarily be of the rough, quick and ad hoc sort, analogous to ever-changing commands on the battlefield.

Blake Const. Co., Inc. v. C. J. Coakley Co., Inc., 431 A.2d 569, 675 (D.C. 1981).  So construction is like a battlefield, and war is hell.  Might I suggest having a good lawyer fighting on your side?!

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