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By Attorney Jillian C.S. Blanchard COVID-19 has continued to create new complications for individuals and businesses, and the construction industry is no exception. Amidst the numerous new considerations and protocols necessarily involved in the current day-to-day operations of a construction business, it is imperative that general contractors do not lose sight of the mandatory…

Buyer Beware! The NC Court of Appeals has provided us another opinion to solidify prior cases in North Carolina warning buyers in real estate transactions to conduct independent due diligence rather than rely solely on Seller disclosures. In the case of Stevens v. Heller/BFD/Re/Max United, the Stevens purchased an investment property from Heller who…

A recent story from a television station in New Mexico (“Excessive litigation a threat to home construction” read more here) so understates the matters at issue with respect to construction defects with residential homes.  First, construction defects with new residential construction are inevitable and are most certainly expensive for anyone involved to litigate to…

Over a dozen private property management companies manage on-base housing for the United States Military. This structure of military housing management arose under the Military Housing Privatization Initiative (MHPI), put in place in the 1996 National Defense Authorization Act. The MPHI calls for a “public/private program whereby private sector developers may own, operate, maintain,…

On October 12, 2019, the half-built Hard Rock Hotel in New Orleans, Louisiana pancaked from the top down, injuring many workers on the project and killing three. Surprisingly, not everyone involved in the $85 million hotel project was surprised about the structure’s collapse. Images of the hotel under construction both before and after the…

What to do with leaking windows? Do you have leaking Windows and Doors?  Shipman Wright & Moore can help Every person’s home is their castle.  Following major rain events like Hurricane Florence and Dorian, many homeowners of the Coastal Carolina communities have had problems with leaking windows and doors.  These leaks are often the…

New Certificate of Assumed Name Statutes North Carolina has revised its law regarding the use of assumed business names. The new Article 14A of Chapter 66 in the NC General Statutes became effective December 1, 2017. This new law allows for a five-year transition period for all pre-existing assumed business name filers to re-file…

The Dangers of Spray Polyurethane Foam (SPF): Why Homeowners Should Think Twice About Installing SPF in Their Homes. Homeowners are often told by contractors that spray polyurethane foam (SPF) is a better option for insulating their home. Contractors and installers sell SPF to homeowners by telling them that the product is environmentally friendly and…

Construction contracts necessarily involve large amounts of time, money, and work, making the allocation of risk in the contract important to those investing their efforts into the project. There are many aspects to consider when drafting or entering into a construction contract, but understanding design specifications, performance specifications and their legal implications, will better…

The term “construction defect” may vary from state to state by statute or common law. Generally speaking, the term “construction defect” is broader than just the failure to construct a building in a workmanlike manner. A construction defect is generally defined as a defect in: (1) the design; (2) the workmanship; and/or (3) in…