Eugene J. Heady – July 26, 2012 By nature, most contractors are risk takers. To a contractor, calculated risk can be fortune’s accomplice. Failure to recognize, calculate and properly manage the risk inherent in any construction project can, however, lead to financial disaster for any one or all of the participants in a construction project. … Continue reading Use Performance and Payment Bonds to Protect Against Downside Risk
Month: August 2012
Changes to North Carolina Mechanics Lien Laws
In July, Governor Perdue signed two bills into law which make substantial changes to the state’s mechanics lien and bond laws. With respect to private projects, the most significant changes relate to the creation of “Lien Agents” who must be placed on notice by any potential lien claimant. Beginning April 1, 2013, all private construction… Continue reading Changes to North Carolina Mechanics Lien Laws
Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings
David M. Kohane and Adam J. Sklar, August 22, 2012 Until 1990, federal law extended copyright protection to original architectural drawings, but generally did not extend such protection to actual buildings, even buildings constructed from protected drawings. The drawings were protected from copying as “pictorial” or “graphic” works, just like any sketch or painting. The… Continue reading Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings
Residential Construction Liability
Sarah A. Cardwell and Curt M. Covington – July 26, 2012 A letter arrives from a homeowner. Picking it up, you notice it was sent by certified mail, return receipt requested. As you read the letter, it quickly becomes apparent that the homeowner is complaining about your work. You want to investigate whether there really… Continue reading Residential Construction Liability
Creativity can Forfeit a Construction Lien
David Anderson – August 6, 2012 As a construction project winds down, money to pay for it can start to dry up. But contractors with construction liens have super-priority. That is, contractors can get their payments before other creditors get theirs. When money is short, that can be the difference between getting paid or not.… Continue reading Creativity can Forfeit a Construction Lien