October 25, 2013 · 2:00 PM
1. Scott Wolfe of Zlien.com tweeted about the pros and cons of filing a claim of lien on real property in advance of a construction mediation. The linked blog post notes that while a claim of lien might enhance the claimant’s negotiation leverage, it might simultaneously generate adversarial tension up the chain, which in turn could make a mediated resolution more difficult to achieve.
It’s an interesting strategic question, particularly now that N.C. Gen. Stat. § 44A-23(d) expressly gives subs and suppliers the option to file their lien claims within 120 days of the prime contractor’s date of last furnishing, as opposed to their own date of last furnishing. More than ever, timing is everything. Continue reading →
Filed under Construction Risk Management, Delay Claims, Federal law, policy & news, Federal Procurement, Lien Law, State law, policy & news, Subcontractors
Tagged as build the Death Star, construction attorney, construction scheduling, construction tweets, construction tweets of the week, construction twitter, CPM, critical path method, government contracting, labor shortage construction, lien claims, lien deadlines, lien strategy, mechancis liens, NC construction law, NC construction lawyer, nc surety attorney, nc surety lawyer, public procurement, raleigh construction attorney, raleigh construction law, Raleigh construction lawyer, timing of lien claims, when should lien be filed
January 23, 2013 · 9:30 AM
I represent a number of highway/heavy contractors, all of whom know that doing business with the North Carolina Department of Transportation (“NCDOT” or the “Department”) requires careful attention to the agency’s “Standard Specifications for Roads and Structures.” NCDOT’s Standard Specs contain both front-end “General Requirements” (what would be called “General Conditions” on virtually any other public or private construction contract) and back-end standards for all aspects of highway work — from earthwork, pipe culverts, subgrade and asphalt pavements to signing, materials, pavement markings and electronic signalization.As my highway/heavy clients also know, the NCDOT’s Standard Specs are regularly revised every 4-6 years. Last year, NCDOT issued the 2012 version of its highway construction bible, updating the 2006 version. This post focuses on what I consider to be the ten most significant changes to NCDOT’s front-end “General Requirements.” As you will see below, these ten revisions affect how contractors obtain, perform and make claims on NCDOT work.
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Filed under Contract Review & Negotiation, Delay Claims, Feature story, Highway Contracts, State law, policy & news
Tagged as 2012 Standard Specifications, bid error, bid mistake, bid omission, bidder prequalification, CGL coverage construction, construction liability insurance, construction payment dispute, construction retainage, correcting bid error, correcting bid error construction contract, critical path method, delay claims, extra work claims, Federal Aid project, hazardous materials construction, highway claims, highway verified claims, insurance requirements on construction projects, nc construction, NC construction law, NC construction lawyer, NC contracting license, nc department of transportation, nc general contract license, nc prompt payment, nc retainage, NCDOT, ncdot approved bidder list, ncdot verified claim, notice requirements for changed work, notice requirements for extra work, prequalfied bidders list, price omitted from bid, progress schedule, prompt payment, purchase order contract, raleigh construction law, Raleigh construction lawyer, retainage, subcontract payment, subcontractor payment dispute, workers comp construction