If you’re a contractor or subcontractor, you know that another common cause of construction project delays is theft of construction equipment and materials. The types of valuable equipment stolen includes bulldozers, generators, wheel loaders, light towers, excavators, backhoes and skid steers.
The National Equipment Register estimates that up to $1 billion worth of construction equipment is stolen each year – a figure that doesn’t include stolen tools and building materials (lumber, copper, etc.).
Thefts impact builders in many ways: scheduling delays, replacement equipment rental fees and insurance premium hikes. In some cases, a firm’s insurance coverage doesn’t include full replacement costs, which can extend problems with scheduling and equipment rentals. If the equipment was uninsured, there’ll be the expense of its replacement.
Note: A construction industry publication listed North Carolina in ninth place among the states with the most construction site equipment thefts.
What can you, as a contractor or subcontractor, do to prevent equipment theft? Experts recommend several steps, including the following:
Experts say heavy equipment can be secured by battery and/or wheel removal or lowered blades and buckets. More sophisticated security measures include the installation of GPS tracking devices, geofencing, fuel and ignition cut-offs and alarms.
]]>Historians are still unsure of the identity of the eight-story Romanesque tower’s architect. Whoever he was, he made sure there was no plaque or cornerstone giving him credit for what is today the world’s most famous example of an architectural design flaw.
Centuries later, design and engineering problems are still points of contention in disputes that can result in construction litigation.
A recent article in a North Carolina newspaper told the story of a businessman who has filed a lawsuit to get what he says are big and expensive problems fixed in his 24,500-square-foot south Charlotte home.
Ric Elias, CEO and co-founder of Red Ventures, is suing a group of companies that includes architects, builders and window-and-door manufacturers to force them to replace the custom-made windows and doors in the $16 million house.
In the lawsuit alleging negligence and breach of contract, Elias claims that door and window exteriors began deteriorating soon after he and his family moved in five years ago. He also alleges that faulty seals caused some of the $1.2 million collection of steel-and-glass doors and windows to fog up.
He says the problem diminishes both the value of the home and views of the estate perched next to the Quail Hollow Club’s 7th green.
According to the News & Record, the lawsuit names a Charlotte architect firm and builder, as well as a California-based manufacturer of doors and windows.
]]>Med-pay can supply much-needed payments for medical expenses while a claim is processed and handled. Medical providers often require immediate payment for a portion of a procedure or visit, depending on the circumstance. A car accident case could take months to yield a resolution . Medical providers may have to send bills to collection agencies that can create unwanted stressors for an injured driver or passenger and affect credit scores. Med-pay is meant to provide immediate relief for paying those costs (within limits). Here are some of the facts that drivers need to know about med-pay coverage:
Med-pay can provide the kind of financial support for medical expenses that gives drivers and passengers more leeway for handling the potential waits on a claim. Don’t wait until you’ve already had an accident. Do your research and determine what med-pay options you may have.
]]>One of the first things people want to know after a crash is who was at fault. Determining fault in a motor vehicle wreck establishes who can be held financially responsible – especially important in crashes involving serious injuries or fatalities.
In most states, the driver who was at fault for a crash can be made to pay for the damage done to people and property. Under North Carolina law, however, if a negligent driver is 99 percent responsible for a wreck that causes injuries, and you’re 1 percent responsible for the crash, our state’s contributory negligence law can prevent you from recovering any compensation whatsoever.
Understandably, many people argue that contributory negligence can be deeply unfair to accident victims. There are some circumstances in North Carolina where contributory negligence may not defeat your right to recovery. You should discuss this with an experienced attorney.
In most states, the driver 95 percent responsible could be held liable for 95 percent of the damages, but in North Carolina and a few other states, that driver can walk away from the wreck not owing a penny.
]]>In North Carolina, the amount you are seeking in a lawsuit is generally not permitted to be stated in the lawsuit. The attorney must simply allege that the amount sought is less than or greater than $25,000. If you’ve filed your suit, including an outline of injuries and damages, and the defendant has responded by the deadline, it’s time for the discovery process to begin.
Discovery is the process by which litigants (the plaintiff and defendant) gather evidence to support their claims. In discovery, both sides get a good idea of what the other has in terms of evidence, knowledge which can lead to early settlements.
It should be noted that when you file a lawsuit, you give up a degree of privacy in discovery. An attorney for the other side can get access to medical records, bank statements and more. In North Carolina, litigants can obtain evidence that is reasonably believed to lead to evidence that’s admissible at trial.
Discovery takes two forms in our state: written and oral (depositions). Written discovery involves the gathering of documents (including electronic documents such as text messages) that can be used as evidence. It also includes interrogatories, which are written questions that must be answered under oath and subpoenas – requests for documents sent to people who aren’t litigants.
Depositions, on the other hand, are sworn oral statements given by witnesses – usually taken after written discovery. (District court cases rarely include depositions, simply because the cases typically don’t justify the expense of depositions — $1,000 or more per day for a court reporter and transcriptions.)
It’s important here to note that attorneys cannot answer deposition questions on behalf of witnesses.
North Carolina law requires all cases to go through an alternative dispute resolution process. In mediation, a neutral mediator hears the evidence and then tries to help the plaintiff and defendant resolve the dispute. Many cases settle at this point, but if there’s no resolution, the matter heads to trial.
]]>For people who live next to planned road construction – or worse, directly in its path – the projects can mean noise and disruptions, and in cases of eminent domain, upheaval and the mandated move of a business or family home.
The North Carolina Department of Transportation has hundreds of projects – some large and some small – going on across the state, including the first phase of the Charlotte Gateway Station. Described by the state as a “multi-modal station that will consolidate public transit and intercity transportation modes at Trade and Graham Streets in Uptown Charlotte,” the project is slated for completion in 2023, though that date has an asterisk next to it on the DOT website. “*Future dates subject to change,” can be found in tiny print elsewhere on the page.
Some of the other projects include:
More details on these projects and others can be found here.
]]>North Carolina law has two types of warranties that can protect these homeowners from shouldering the high costs of repairs for construction defects: an implied warranty of habitability and an express warranty.
In our previous post, we pointed out in general terms the assurances of quality that a homeowner receives in the implied warranty.
Note: it is no longer true that only initial buyers of homes can bring claims for breach of the implied warranty of habitability. If you’re a subsequent buyer, you can in some situations pursue the builder for damages if the house has construction defects.
Claims for breach of the implied warranty must be filed within six years of the substantial completion of the house.
When you buy a new refrigerator, it will come with an express warranty that states in writing the conditions under which the manufacturer will make repairs or replace your fridge. The same is true of home construction backed by an express warranty that describes in writing the circumstances under which repairs or replacement of work or products will take place.
A common express warranty is called the 2-10 home buyer’s warranty. It typically includes:
Everyone who buys a home should carefully review all express warranties provided by the builder and by makers of products used in the construction of the house so that they understand what’s included under the warranty and what’s not included.
]]>There are similar differences in the expectations when buying a house, but the financial stakes are obviously much higher. There’s a considerably larger financial commitment in a home purchase and repairs are much more complicated and expensive. Because you’re going to live in the house, flaws in your abode can be much more serious.
Unfortunately, some owners of brand-new homes find construction defects that require extensive repairs, reduce the house’s value, make the house difficult to sell or in some situations, make the house unlivable.
North Carolina law includes owner protections, however in two types of home warranties: an implied warranty of habitability and an express warranty.
When you buy a new home, the implied warranty of habitability assures you that the house and fixtures do not have any major structural defects, that they are of acceptable quality and that your house was constructed in a workmanlike manner.
This is important: the implied warranty of habitability is part of the purchase whether you and the builder ever discuss it or agree that it exists. However, homeowners should read the purchase agreement carefully, because builders often insert a clause in the contract stating that the homeowner agrees to waive the implied warranty.
You must be very careful when entering a construction contract, because both implied and express warranties may be waived. Also, when a builder offers a third-party warranty, carefully scrutinize the document because many times these types of warranties are very limited. We will have more on implied and express warranties in an upcoming post. Please check our Charlotte Civil Litigation Blog again.
]]>In this post, we’re going to supply you with some links that’ll take you to sites where you’ll find Charlotte’s municipal code, Mecklenburg County’s ordinances, North Carolina’s General Statutes and last, but not least, the U.S. Code.
Before we dive into all of that, let’s briefly divert to the rapidly approaching Nov. 3 presidential election. There’s no need to delve here into that hotly contested match-up, but we do urge you to make your voice heard by casting a ballot.
Click here to register to vote and click here to check your registration. Please click here for information on absentee voting in Mecklenburg County and click here for information about voting in person.
Longtime Charlotte know as well as anyone how growth over the past few decades has transformed the Queen City. There’s been growth as well in the city’s Code of Ordinances, which break down into the following categories: the Charter, General Provisions, Administration, Animals, Aviation, Buildings and Building Regulations, Businesses and Trades, Cemeteries, Fire Prevention and Protection, Floodplain regulations, Health and Sanitation, Housing, Human Relations, Licenses, Motor Vehicles and Traffic, Offenses and Miscellaneous Provisions, Police, Soil Erosion and Sedimentation Control, Stormwater, Streets, Sidewalks and Other Public Places, Subdivisions Trees, Vehicles for Hire, and Water, Sewers and Industrial Waste Discharge Restrictions.
There’s also an appendix in which you can find Charlotte’s zoning regulations.
Here’s a link to Mecklenburg County Ordinances, which run from Air Pollution Control all the way to Zoning Ordinance.
Here are the North Carolina General Statutes and here’s a link to the North Carolina Government home page, where you can find links to the executive branch, legislative branch, and our favorite, the judicial branch (with the Supreme Court and Court of Appeals and Superior Court).
That brings us to the U.S. Code and Code of Federal Regulations.
None of it is light reading, of course, but much of it is important and all of it is part of who we are and what we value as a city, county, state and nation.
]]>Since it’s probably been some time since your last fender bender, it’s a good idea to familiarize yourself with what you should – and shouldn’t – do after a car wreck. It can be challenging to think clearly in the aftermath of an accident, and the wrong mistake could cost you dearly.
Here are some of the most common mistakes people make after car accidents that you should avoid:
After an accident, many motorists think that they don’t have to get law enforcement involved if the damage is minor or no one is hurt. However, a police report can serve as proof of evidence that the collision occurred. The other driver and their insurance company will have a more challenging time denying your claim when there is an official police record of the incident.
After the initial shock of an accident, you might think the polite thing to do is apologize to the other driver for the accident. However, even if you believe you are at fault, you should never admit it until you and your insurance company have all the facts. Admitting fault is essentially taking financial responsibility for the accident. While you shouldn’t lie on your claim, don’t share more than necessary and let the insurance company conduct their investigation.
Drivers should also avoid saying whether or not they feel okay after a car accident. Even if you feel fine, saying so could cause problems later if you find out you aren’t. In many cases, car accidents victims may not even feel pain until hours or sometimes days later. Seeking out a medical evaluation is a good idea after a car accident to ensure you get the proper compensation.
It’s all too easy to forget what steps to take following the surprise of a car accident. By familiarizing yourself with these common mistakes, you can ensure the accident claims process goes as smoothly and fairly as possible.
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