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Day 1 | Déjà Vu All Over Again — Virtually (A Program Celebrating the Release of the 9th Edition of the North Carolina Construction Law Deskbook)

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


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.

Contributors

  • Thomas L. "Tom" Antoine

    Thomas L. "Tom" Antoine, JD Beam Inc., Raleigh

    Click here for more information about Tom.

  • Matthew C. "Matt" Bouchard

    Matthew C. "Matt" Bouchard, Poyner Spruill LLP, Raleigh

    Click here for more information about Matt.

  • Thomas M. Buckley

    Thomas M. Buckley, Goldberg Segalla, Raleigh

    Click here for more information about Tom.

  • Robert L. "Bob" Burchette

    Robert L. "Bob" Burchette, Johnston Allison & Hord PA, Charlotte

    Click here for more information about Bob.

  • Connor H. Crews

    Connor H. Crews, UNC School of Government, Chapel Hill

    Click here for more information about Connor.

  • Paul E. Davis

    Paul E. Davis, Conner Gwyn Schenck PLLC, Raleigh

    Click here for more information about Paul.

  • Stephanie U. (Roberts) Eaton

    Stephanie U. (Roberts) Eaton, Spilman Thomas & Battle PLLC, Winston-Salem

    Click here for more information about Stephanie.

  • Philip T. Gray

    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.

    Click here for more information about Mr. Gray.

  • Daniel J. Knight

    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.

    Click here for more information about Daniel.

  • Jennifer M. Leuschner

    Jennifer M. Leuschner, Philadelphia Indemnity Insurance, Plano, TX

    Click here for more information about Jennifer.

  • Peter J. Marino

    Peter J. Marino, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh

    Click here for more information about Peter.

  • Bentford E. "Ben" Martin

    Bentford E. "Ben" Martin, Hamilton Stephens Steele & Martin PLLC, Charlotte

    Click here for more information about Ben.

  • Carmela Mastrianni

    Carmela Mastrianni, Hamilton Stephens Steele & Martin PLLC, Charlotte

    Click here for more information about Carmela.

  • Robert A. Meynardie

    Robert A. Meynardie, Meynardie & Nanney PLLC, Raleigh

    Click here for more information about Bob.

  • Brian J. Schoolman

    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.

    Brian is admitted to the North Carolina and California State Bars, the 4th Circuit Court of Appeals, and all three Federal District Courts in North Carolina. Brian is a member of the North Carolina Bar Association Construction Law Section, and the American Bar Association Forum on Construction Law. He is also certified as a Superior Court Mediator by the North Carolina Dispute Resolution Commission (NCDRC).

    Click here for more information about Brian.

  • Bryan G. Scott

    Bryan G. Scott, Akerman LLP, Winston-Salem

    Click here for more information about Bryan.

  • David A. Senter

    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.

    Click here for more information about David. 

    Click here to email David or reach him 336.387.5126. 

  • Michael J. Sugar III

    Michael J. Sugar III, Forcon International, Tampa, FL

    Click here for more information about Michael.

  • William "Casey" Vaughn

    William "Casey" Vaughn, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh

    Click here for more information about Casey.

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February 17, 2021
Wed 8:55 AM EST

Duration 3H 25M

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