Day 2 | 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 North Carolina Occupational Safety and Health Administration (OSHA) Wants to Inspect My Client’s Jobsite — Now What?

Thomas M. Buckley, Goldberg Segalla, Raleigh
Paul E. Davis, Conner Gwyn Schenck PLLC, 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

Description

Take a sneak peek inside the forthcoming North Carolina Construction Law Deskbook 9^th 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

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Matthew C. "Matt" Bouchard

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

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Thomas M. Buckley

Thomas M. Buckley, Goldberg Segalla, Raleigh

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Robert L. "Bob" Burchette

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

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Connor H. Crews

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

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Paul E. Davis

Paul E. Davis, Conner Gwyn Schenck PLLC, Raleigh

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Thomas H. "Tom" Davis Jr.

Thomas H. "Tom" Davis Jr., Poyner Spruill LLP, Raleigh

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Stephanie U. (Roberts) Eaton

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

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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.

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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.

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Jennifer M. Leuschner

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

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Peter J. Marino

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

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Bentford E. "Ben" Martin

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

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Carmela Mastrianni

Carmela Mastrianni, Hamilton Stephens Steele & Martin PLLC, Charlotte

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Robert A. Meynardie

Robert A. Meynardie, Meynardie & Nanney PLLC, Raleigh

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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 4^th 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).

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Bryan G. Scott

Bryan G. Scott, Akerman LLP, Winston-Salem

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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.

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Click here to email David or reach him 336.387.5126.
Michael J. Sugar III

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

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William "Casey" Vaughn

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

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