Tag Archives: north carolina construction lawyer

Courts Generally Will Enforce North Carolina’s Anti-Indemnity Statute, But How Far?

Embed from Getty Images

Back in March, I wrote about the role of North Carolina’s anti-indemnity statute in the construction industry.  The statute, codified at N.C. Gen Stat. § 22B-1, appears below (you can click the image for a larger version):

Anti-Indemnity Statute

As my previous blog post indicated, the statute prevents “one party from shifting the entire risk of its own negligence to another.”  A recent case from the U.S. Bankruptcy Court for the Eastern District of North Carolina demonstrates how courts utilize the so-called “blue pencil” doctrine to accomplish that goal.

Continue reading

Leave a comment

Filed under Federal case law, Indemnity Claims, State law, policy & news, Subcontractors

Five Key Points to Understand About OSHA’s Proposed Airborne Silica Standard

Embed from Getty Images

The Monday Memo in recent weeks has focused on North Carolina laws and policies bearing on the Tar Heel State’s construction industry.  Today I turn my gaze to our nation’s capitol, where public hearings are underway on OSHA’s proposed rule to lower the permissible exposure limit (“PEL”) for airborne crystalline silica, a by-product of such common construction operations as concrete and stone cutting.

Monday MemoThe hearings began on Tuesday, March 18 and continue through Friday, April 4, with a variety of construction industry and safety voices scheduled to be heard.

Here are five key points to bear in mind as the process moves forward:

Continue reading

Leave a comment

Filed under Federal law, policy & news, OSHA

Just Got Terminated for Convenience? Five Steps You Should Take Right Now.

Image by Hans Braxmeier / Pixabay.com

Did your contract just get axed? Read on. (Picture by Hans Braxmeier / pixabay.com)

Most private owners negotiate for a contract clause permitting them to terminate a construction agreement without regard to the quality of the contractor’s performance.  These so-called “termination for convenience” clauses come in handy when, for example, an owner’s financing runs dry and a project must be halted.  A termination for convenience clause allows an owner to cancel a project without materially breaching the contract and avoid paying the contractor its anticipated lost profit on unperformed work.

Continue reading

Leave a comment

Filed under Construction Risk Management, Termination Claims