8:55 Welcome and Introductions
9:00 The North Carolina Occupational Safety and Health Administration (OSHA) Wants to Inspect My Client’s Jobsite — Now What?
Thomas M. Buckley, Goldberg Segalla, Raleigh
Thomas H. "Tom" Davis Jr, Poyner Spruill LLP, Raleigh
How should a contractor handle an OSHA inspection and what are their options when safety violations are cited? If a contractor decides to appeal, what is the OSHA Review Commission process? What are the ramifications of a settlement agreement? Get answers to these questions, examine OSHA's Multi-Employer Worksite Doctrine and gain insight on timely COVID-19 precautions.
10:00 Break
10:10 Design-Bid-Build Is So Passé: The Brave New World of Alternative Project Delivery in Public Contracting
Connor H. Crews, UNC School of Government, Chapel Hill
Robert A. Meynardie, Meynardie & Nanney PLLC, Raleigh
Brian J. Schoolman, Safran Law Offices, Raleigh
This panel addresses the utilization of alternative project delivery methods on state and local government projects. Delve into key legal issues arising from construction management, at-risk contracting, design-build agreements, public-private partnerships and development agreements.
11:10 Break
11:20 What to Expect When You're Expecting to Deal with a Surety
Matthew C. "Matt" Bouchard, Poyner Spruill LLP, Raleigh
Jennifer M. Leuschner, Philadelphia Indemnity Insurance, Plano, TX
Michael J. Sugar III, Forcon International, Tampa, FL
Hear from an in-house claim attorney and surety consultant as they explore three common interactions construction attorneys have with bonding companies: as counsel for a payment bond claimant, as counsel for a performance bond obligee and as counsel for an indemnitor. The panelists highlight how each interaction is likely to transpire, the investigative and procedural steps the surety is likely to take, and the rights and defenses the surety is likely to enforce.
12:20 Adjourn
The eighth edition of the North Carolina Construction Law Deskbook has been uploaded to the Construction Law community forum on the North Carolina Bar Association's website.
The Deskbook is a benefit available to all members of the NCBA Construction Law Section and is easily accessible by following the steps below.
How to Access the Deskbook
1. Click here to log in to "My Communities"
2. Select "Construction Law".
3. Select "Library" on the menu bar in the middle of the page.
4. Under "Folders" on left-hand side of the page, click the rotating triangle to the left of this folder labeled "Desk Book – Foreword" to expand the folder directory. You will see the list of 17 chapter folders.
5. Click on each chapter folder to bring up the chapter's contents on the right-hand side of the page under "Folder Contents".
6. Double-click the content you're interested in to bring up a page that allows you to view or download the chapter or form that you've double-clicked.