The OSHA Inspection: Part I – Preparing for a Future Inspection
Part I – Preparing for a Future Inspection For nearly 15 years, I was a contractor. I attended many safety courses and contributed to dozens of “tool box” talks. While sitting behind my desk in 2007, I received a call from one of my Superintendents. When I answered the phone, he asked if I was…
Gov. Henry McMaster Signs Pro-business Bill Reforming SC’s Automatic Stay Proceedings
Governor Henry McMaster was joined by members of the general assembly and business leaders from around the state for a bill signing ceremony of S.105, a pro-business bill sponsored by Senator Luke Rankin that protects South Carolina businesses from individuals or groups looking to delay construction projects without properly demonstrating legal grounds for doing so….
Parker Poe Consulting Expands Southeastern Influence
Parker Poe Consulting, a wholly-owned subsidiary of Parker Poe Adams & Bernstein LLP, is strengthening its position as a leading Southeastern government relations resource through the addition of experienced lobbyists Chuck McMullen and Amy Odom. Long serving on opposite sides of the political aisle, each with impressive records of legislative successes, Odom and McMullen are…
Blowing the Whistle on Public Construction and the False Claims Act
Contractors hoping to take advantage of incoming infrastructure spending should implement False Claims Act protections now. While promises made during a presidential campaign can’t always be taken to the bank, the construction industry is nonetheless preparing for a rise in federally-funded projects based on the Trump campaign’s promise of increased infrastructure spending. Contractors taking on…
PCL Civil Constructors Named in OBX Bridge Lawsuit
After cutting power to thousand of residents and vacationers in North Carolina’s Outer Banks, PCL Civil Constructors has been named in a class action lawsuit filed in Dare County Superior Court. The company building the Herbert C. Bonner Bridge cut power cable that resulted in the forced evacuation of people from Hatteras and Ocracoke. Local…
Initial Highlights of the 2017 Edition of AIA A201
As you may be aware, the American Institute of Architects (“AIA”) revises its main contract forms every ten years and has recently released the 2017 Editions of their contract forms, including the AIA A201 – General Conditions of the Contract for Construction. I’ve just finished an initial review of the new AIA A201 2017 Edition….
Is Your Arbitration Clause Enforceable?
The South Carolina Supreme Court recently addressed the enforceability of an arbitration clause in a sales contract between a home buyer and a developer general contractor. Gregory W. Smith vs. D.R. Horton, S.C. Supreme Court Opinion No. 27645. The arbitration clause stated that the parties agreed to arbitrate any claim arising out of the construction…
NC Construction Firm to Pay $35,000 in Harassment Claim
Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide other relief to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. The EEOC had charged that Hiatt & Mason violated federal law when it subjected a…
Turner Padget Invests $1M in S.C. Businesses
Turner Padget Graham & Laney, P.A. is pleased to announce the Palmetto Propeller initiative designed to help South Carolina start-up and small businesses achieve success by providing needed legal services at no cost. For nearly 90 years, Turner Padget has been serving small businesses in South Carolina, and has been a small business itself. Their…
The Duty to Defend in the Contractor’s CGL Insurance Policy
The Commercial general liability (“CGL”) carrier’s duty to defend an insured contractor for a claim for defective construction can be a huge cost savings tool. But, contractors should be mindful of the benefits and hazards of tendering a defense to its carrier before doing so. What is the duty to defend? CGL insurance carriers generally…