Description
Take a sneak peek inside the forthcoming North Carolina Construction Law Deskbook 9th Edition as we trace the evolution of key construction law principles as they have developed through our decisional law.
8:55 Welcome and Introductions
9:00 The Lasting Impact of Seminal Cases on Present-Day Construction Litigation
Paul E. Davis, Conner Gwyn Schenck PLLC, Raleigh
Peter J. Marino, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
William "Casey" Vaughn, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
Explore the impact, progeny, implications and limitations of several key construction law decisions: Spearin, Gilbert Engineering, Ports Authority and Kaleel Builders. Starting with Spearin and Gilbert Engineering, we discuss how owners/architects have tried to cut into the implied warranty of design sufficiency via contract terms and alternative project delivery. Next, we take a look at Ports Authority and the squirrely (and arguably inconsistent) economic loss rule cases that have followed. Finally, we review the seminal indemnity case of Kaleel Builders, focusing on what the decision really means and how it impacts contract drafting and claims recovery in litigation.
10:00 Break
10:10 A Well-Regulated Construction Industry: The Licensing of Construction Professionals
Stephanie U. (Roberts) Eaton, Spilman Thomas & Battle PLLC, Winston-Salem
Bryan G. Scott, Akerman LLP, Winston-Salem
Receive an overview of the leading regulatory boards applicable to the construction industry, including general contractors, subcontractors, architects and engineers. With a focus on the regulatory and civil consequences of engaging in unauthorized practice of these trades, attendees learn about the disciplinary powers of the key licensing boards.
11:10 Break
11:20 More Money, More Problems? Frequently Litigated Issues When a Contractor Seeks Additional Compensation
Thomas L. "Tom" Antoine, JD Beam Inc., Raleigh
Robert L. "Bob" Burchette, Johnston Allison & Hord PA, Charlotte
Bentford E. "Ben" Martin, Hamilton Stephens Steele & Martin PLLC, Charlotte
Walk through the legal issues and proof questions that can arise when seeking additional compensation for such project impacts as owner-requested changes/design revisions and unexpected subsurface conditions. These issues include the criticality of maintaining and preserving claim documentation and satisfying contractual notice and presentment requirements, treatment of overhead and lost profit claims (including the practical difficulties in proving unabsorbed home office overhead damages under the Eichleay formula), taking care with progress payment lien releases to avoid inadvertently waiving a claim, the use of pass-through and liquidating agreements when extra work claims involve subcontractors, and apportionment of liquidated damages.
12:20 Adjourn
Take a sneak peek inside the forthcoming North Carolina Construction Law Deskbook 9th Edition as we trace the evolution of key construction law principles as they have developed through our decisional law.
Thomas L. "Tom" Antoine, JD Beam Inc., Raleigh
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Matthew C. "Matt" Bouchard, Poyner Spruill LLP, Raleigh
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Thomas M. Buckley, Goldberg Segalla, Raleigh
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Robert L. "Bob" Burchette, Johnston Allison & Hord PA, Charlotte
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Connor H. Crews, UNC School of Government, Chapel Hill
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Paul E. Davis, Conner Gwyn Schenck PLLC, Raleigh
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Stephanie U. (Roberts) Eaton, Spilman Thomas & Battle PLLC, Winston-Salem
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Philip T. Gray is a practicing attorney and partner at StephensonLaw, LLP in Cary, North Carolina, where he specializes in commercial & residential construction defects, materialman liens, contract disputes, eminent domain and general litigation.
Mr. Gray received his B.S. degree from North Carolina State University and his J.D. degree from Campbell University. At Campbell, he was a member of the National Trial Team and selected for membership in The Order of Barristers. He devotes a large portion of his free time as a guest-teacher in Wake County elementary, middle and high schools introducing students to constitutional principles and our legal system with his favorite lesson being a mock trial putting the Big Bad Wolf on trial for the murder of the Three Little Pigs. Mr. Gray has partnered with the Law-Related Education Advisory (LREA) Committee of the North Carolina Bar Association's Foundation to bring his Big Bad Wolf lesson to reach all of North Carolina students.
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Daniel J. Knight is an associate attorney with Parker Poe Adams & Bernstein, LLP in Raleigh. Daniel focuses his practice in the area of construction litigation representing owners, contractors, and design professionals in construction disputes. In addition to his construction practice, Daniel has represented and advised clients in connection with product liability claims, personal injury claims, and consumer complaints. Daniel has frequently spoken to industry groups on a range of construction topics including changes to standard form AIA contracts, delay claims, and commercial general liability insurance in the context of construction claims.
Daniel currently serves as a co-chair for the Construction Law Section's CLE Committee. In addition to his commitment to the Construction Law Section, Daniel is actively involved in the NCBA's Insurance Law Section serving as a Council Member, the Section's YLD Liaison, and serving as a co-chair for both the Section's CLE Committee and Blog Committee.
Daniel is originally from Wake Forest, North Carolina and received his B.A. degrees in History and Political Science from North Carolina State University in 2010 and his J.D. degree from Campbell University School of Law in 2014.
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Jennifer M. Leuschner, Philadelphia Indemnity Insurance, Plano, TX
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Peter J. Marino, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
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Bentford E. "Ben" Martin, Hamilton Stephens Steele & Martin PLLC, Charlotte
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Carmela Mastrianni, Hamilton Stephens Steele & Martin PLLC, Charlotte
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Robert A. Meynardie, Meynardie & Nanney PLLC, Raleigh
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Brian J. Schoolman is an attorney with Safran Law Offices, in Raleigh, North Carolina. Brian has been with Safran Law Offices since 2003, and has represented clients in all roles in the construction industry, including commercial, residential, and public owners, general contractors, subcontractors, suppliers, design professionals, and trade associations. He has also served as a lobbyist and advocate on several pieces of construction legislation before the North Carolina General Assembly, including bills on public construction delivery methods and on prequalification.
Brian earned his J.D. from the Duke University School of Law, and graduated magna cum laude from Claremont McKenna College, earning his B.A. with honors in Government. His practice includes construction law and litigation, commercial litigation, contracts, corporate organization and governance, administrative hearings, and appellate practice, both in state and federal courts.Click here for more information about Brian.
Bryan G. Scott, Akerman LLP, Winston-Salem
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David A. Senter is a partner in the Raleigh office of Nexsen Pruet and is widely respected for his background in construction law, commercial litigation, and commercial collections. He has 35 years of experience delivering legal strategies and solutions on a wide range of issues impacting the construction industry and a wide range of large, complex construction projects.
Since David joined the firm in 1984, clients have trusted him to handle routine and complex cases. David has been recognized in Construction law by Best Lawyers in America (Lawyer of the Year for Litigation-Construction/Greensboro), named Legal Elite by Business North Carolina, and as a North Carolina Super Lawyer. He frequently speaks before national and local audiences on topics related to construction law.
David has authored many articles in bar and trade publications and has served in leadership positions for several professional associations. He is an Adjunct Professor of Construction Law at Wake Forest University School of Law. He is also a certified North Carolina mediator and a member of AAA's Large Complex Case Panel.
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Click here to email David or reach him 336.387.5126.
Michael J. Sugar III, Forcon International, Tampa, FL
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William "Casey" Vaughn, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
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