Forum Selection Clauses – An Overlooked Contractual Pitfall
May 8, 2026
Why worry about a clause in a contract that requires your company to arbitrate or litigate in another state? It can be tempting to…
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Firm News
Ward and Smith Sponsors T.A. Loving’s 12th Annual Shoot for a Cure
March 23, 2026
Ward and Smith is proud to serve as a Pheasant Sponsor of T.A. Loving Company’s 12th Annual Shoot for a Cure, a sporting clays…
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Easier? U.S. Department of Labor Publishes 146-Page Notice with Proposed Regulations to “Make it Easier” to Distinguish Employees from Independent Contractors
March 5, 2026
“The nine most terrifying words in the English language are ‘I’m from the government, and I’m here to help.'” — President Ronald Reagan, August…
Firm News
25 Ward and Smith Attorneys Recognized as 2026 North Carolina Super Lawyers and Rising Stars
February 18, 2026
Ward and Smith is pleased to announce that 25 of its attorneys were recognized in the 2026 North Carolina Super Lawyers and Rising Stars…
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Understanding and Responding to Licensing Boards
February 17, 2026
Receiving notice of a complaint or investigation from a licensing board is frightening for a professional. Responding can be challenging because the mere submission…
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Frequently Asked Questions About the Notice of Contract Mechanism for North Carolina Contractors and Subcontractors
February 10, 2026
Ed. Note: This was originally published in 2020 and has been revised and updated. This is part two of a two-part series. See part…
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The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment
February 3, 2026
Ed. Note: This was originally published in 2020, authored by Jason Strickland, and has been revised and updated. This is part one of a two-part series. As…
Firm News
38 Ward and Smith Attorneys Recognized as 2026 Business North Carolina Legal Elites
January 9, 2026
Ward and Smith is pleased to announce that 38 of the firm’s attorneys have been recognized in the 2026 Legal Elite by Business North…
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Ward and Smith’s Top 10 Most Popular Articles of 2025
December 19, 2025
As we reflect on 2025, it’s time to highlight the articles that have most resonated with readers throughout the year. Ward and Smith attorneys…
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North Carolina Licensing Board for General Contractors’ Recent Enforcement Priorities: Unlicensed Contracting
November 19, 2025
2025 is the 100th anniversary of the General Assembly’s establishment of the North Carolina Licensing Board for General Contractors (“NCLBGC”). Due to the shortcomings…
Firm News
Ward and Smith Ranked by Best Law Firms® in 2026
November 6, 2025
Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
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Mind the Gap: How Insurance Shortfalls Can Put Your Business at Risk
September 26, 2025
Many businesses assume that once insurance is in place, they are fully protected. In reality, policies often contain gaps where coverage is limited or…
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Stay Ready So You Don’t Have to Get Ready: Initial Tips to Navigating OSHA Inspections
September 2, 2025
As maximum Occupational Safety and Health Administration (“OSHA”) penalties continue to increase on an annual basis, the importance of being prepared for an OSHA…
Firm News
68 Ward and Smith Attorneys Honored by Best Lawyers® for 2026
August 21, 2025
Ward and Smith is proud to share that 68 attorneys have been recognized by Best Lawyers in America®. Of those honored, 55 were named to…
Firm News
Alex Ferri Elected to NCBA Construction Law Section Council
August 11, 2025
Construction litigation attorney Alex Ferri has been elected to serve a three-year term on the North Carolina Bar Association’s Construction Law Section Council. She’ll…
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Blueprint for Growth: Construction Diversification Strategies for North Carolina Businesses
July 29, 2025
To help construction industry professionals expand their service offerings and gain a competitive advantage, Ward and Smith invited Stahler McKinney of FMI Consulting to…
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Design-Build Requirements in North Carolina
July 22, 2025
Two Ward and Smith attorneys discussed essential design-build requirements in North Carolina, as well as some of the key advantages and disadvantages of this…
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Construction Conversations: Rapid Fire Legal Update
July 15, 2025
Three Ward and Smith attorneys shared critical insights on an array of legal topics impacting the construction industry, including updates on the shifting landscape…
Firm News
Media Mention: Carolinas AGC Spotlights Ward and Smith Co-Managing Directors on Business North Carolina’s 2025 Power List
July 14, 2025
Carolinas AGC is celebrating industry excellence by highlighting members who earned a spot on Business North Carolina’s 2025 Power List, including Ward and Smith…
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Highlights of North Carolina Construction Legend’s Fireside Chat
July 8, 2025
In a forthright discussion moderated by Hank Harris, Director of Consulting for Ward and Smith’s Business Consulting team, two of the North Carolina construction…
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The Art of Effective Disciplinary Documentation: A Practical Guide for Manufacturing Managers
June 20, 2025
Manufacturing managers regularly hear complaints about employee behavior that are difficult to address: “John is rude in meetings.” “Sarah has a bad attitude.” “Mark…
Firm News
Building Momentum: A Recap of Ward and Smith’s 2025 Construction Conference
June 18, 2025
On May 15, business owners and professionals from North Carolina’s construction industry gathered at NC State’s Park Alumni Center for Ward and Smith’s 2025…
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Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls
May 16, 2025
The construction industry has long been a target for antitrust enforcement. For construction company owners and managers, understanding antitrust laws and implementing effective compliance…
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House Bill 47 Delays Effective Date for North Carolina’s New Building Code
May 9, 2025
Recent media coverage of the Hurricane Helene Mountain Recovery Bill left out a critical piece of news for construction industry stakeholders. House Bill 47…
Firm News
Evan Musselwhite Named to NC Lawyers Weekly’s 2025 Construction Law Power List
April 28, 2025
Attorney Evan Musselwhite has been named to North Carolina Lawyers Weekly‘s 2025 Power List for Construction Law. The annual recognition highlights 24 outstanding legal professionals…
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Restoring Western North Carolina’s Infrastructure: NCDOT Receives $250 Million in Federal Emergency Relief Funds
February 21, 2025
The Federal Highway Administration (FHWA) has announced an immediate allocation of $352.6 million in Emergency Relief funds to support recovery efforts following the devastation…
Firm News
25 Ward and Smith Attorneys Shine in 2025 Super Lawyers and Rising Stars Lists
February 18, 2025
Ward and Smith is thrilled to announce that 25 of its attorneys have earned spots on the prestigious North Carolina Super Lawyers and North…
Firm News
Build Success: Save the Date for Ward and Smith’s 2025 Construction Conference
February 13, 2025
The construction industry is evolving faster than ever. New regulations, emerging risks, and shifting market trends demand that contractors, business owners, and industry professionals…
Firm News
Ward and Smith Attorneys Honored as 2025 Business North Carolina Legal Elites
January 6, 2025
Ward and Smith is proud to announce that 38 of its attorneys have been named to Business North Carolina’s 2025 Legal Elite, a testament to…
Firm News
Ward and Smith’s Year in Review: Celebrating Excellence, Resilience, and Growth in 2024
December 20, 2024
As 2024 draws to a close, we reflect on a year defined by Hurricane Helene, many new faces, and industry recognition for our attorneys.…
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Turning Back Overtime – Texas Judge Strikes Down Salary Threshold Increase
November 19, 2024
A federal judge in Texas struck down the U.S. Department of Labor’s (“DOL”) rule that drastically increased the minimum salary thresholds for bona fide…
Firm News
Ward and Smith Ranked by Best Law Firms® in 2025
November 11, 2024
Ward and Smith has been honored in the 2025 edition of Best Law Firms®. The firm has made its mark in the legal field by being ranked…
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Navigating the Skies: Why Drone Land Surveys May Violate Licensing Statutes, Not First Amendment Rights
October 18, 2024
It is widely understood that to engage in the practice of land surveying in North Carolina, one must have an appropriate license. Less widely…
Firm News
Unlocking the Future of Construction: The 2024 Carolinas Construction Conference
October 14, 2024
The construction industry’s dynamic future—full of challenges and opportunities—sets the stage for the pivotal 2024 Carolinas Construction Conference. Hosted by CFMA and sponsored by…
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When is a General Contractor’s License Required for Emergency Remediation Services?
October 11, 2024
(Ed. Note: This article was originally published on January 10, 2020, and has been updated.) North Carolina has seen an increase in the need…
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Navigating the Aftermath of Hurricane Helene in Western North Carolina
October 9, 2024
We have compiled a series of past articles designed to help you navigate the aftermath of Hurricane Helene more effectively. From understanding insurance…
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What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies
September 6, 2024
Congress created the National Flood Insurance Program (the “NFIP”) to help make flood insurance more affordable in areas prone to flood damage. FEMA oversees…
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Risk Reduction Strategies for Construction Contractors in North Carolina
September 3, 2024
An ounce of prevention is worth a pound of cure. Today’s construction environment demands a lot from contractors who are pulled in multiple directions…
Firm News
67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025
August 15, 2024
Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
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Commercial Real Estate Sellers: Hire Your Own Attorney!
August 2, 2024
Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is “yes!” Often,…
Firm News
Ward and Smith Welcomes New Litigation Attorney Jeffery Stoddard
June 18, 2024
Ward and Smith is pleased to introduce Jeffery Stoddard, the latest addition to our esteemed legal team. With a wealth of experience in construction…
Firm News
Our May Focus: Working Through Difficult Times
May 31, 2024
The May theme, “Working Through Difficult Times,” revolves around acknowledging and addressing the challenges individuals and businesses face during challenging times. Easing the Burden:…
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Navigating Easement Disputes in North Carolina
May 17, 2024
An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned…
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FTC Charges Forward with Sweeping Non-Compete Ban
April 24, 2024
On April 23, 2024, the Federal Trade Commission (“FTC”) narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide. The…
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Raising the Rate: DOL Expands Overtime Protections to Millions of Workers
April 24, 2024
On April 23, 2024, the U.S. Department of Labor (“DOL”) announced a final rule that will increase the Fair Labor Standards Act’s (“FLSA”) minimum…
Firm News
Alex Ferri and Luke Tompkins to Speak at North Carolina Lien Law Webinar
April 15, 2024
Ward and Smith litigation attorneys Alex Ferri and Luke Tompkins will discuss North Carolina lien laws at an upcoming webinar hosted by SunRay…
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Decoding the Recent Changes to North Carolina Code and Zoning Regulations
April 12, 2024
The North Carolina General Assembly made several significant steps during its 2023 legislative session to respond to the construction and development boom throughout the…
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The Wait Is Over! The USDOL’s 2024 New Rule on Independent Contractor Classification Under the FLSA
January 19, 2024
On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule to provide guidance to employers in determining whether a worker…
Firm News
36 Ward and Smith Attorneys Honored in Business North Carolina’s 2024 Legal Elite
January 4, 2024
Ward and Smith proudly announced that 36 attorneys have been honored in Business North Carolina’s 2024 Legal Elite. Five legal luminaries stand out as shining…
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Ward and Smith: Our Highlights of 2023
December 27, 2023
As we reflect on the past year, it’s evident that 2023 has been remarkable for Ward and Smith. We’ve welcomed new team members, launched…
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Top 10 Most Popular Articles of 2023
December 20, 2023
As we approach the New Year, it’s time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith…
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WOTUS Whiplash 4.3: The Revision to the Revised Definition of “Waters of the United States”
November 10, 2023
The third major development of 2023 for defining “Waters of the United States” (“WOTUS”) has arrived. First, in early 2023, the United States…
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Examining Changes to North Carolina’s Law Governing Recovery of Attorneys’ Fees in Construction Lien and Payment Bond Disputes
November 8, 2023
Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case…
Firm News
Ward and Smith Ranked in 2024 “Best Law Firms”
November 2, 2023
Ward and Smith has been ranked in the Best Lawyers® “Best Law Firms” list regionally in 27 practice areas. Firms included in the 2024 “Best Law Firms”…
Firm News
Bill Durr to Speak at the NCSEA’s Monthly Meeting
October 10, 2023
Members of the Ashville Chapter of the National Council of Structural Engineers Association are cordially invited to participate in a highly informative session led…
Firm News
Ward and Smith Litigators Featured in the 2023 Best Lawyers® Litigation Issue
September 14, 2023
Ward and Smith attorneys are gracing the pages of the 2023 Best Lawyers Business Edition: The Litigation Issue. This is a showcase of litigators…
Firm News
52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024
August 17, 2023
Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
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Federal Dollars are Nice to Get, but Owners, Designers, and Builders Need to Watch Out for Those Strings
August 16, 2023
North Carolina statutes permit State agencies and local governments (the “government”) to use alternatives to traditional bid-build approaches to construction. Two popular options are…
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Licensing and Permitting for Solar Panel Projects in North Carolina
July 26, 2023
Solar panel systems on residential homes have greatly increased in popularity over the last several years with the boom in renewable energy. This…
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Employers, You Need to Replace Your Mandatory EEOC Poster
June 27, 2023
As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is in effect. The PWFA requires covered employers to provide employees with reasonable…
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Biden Administration Revitalizes and Advances the Federal Government’s Commitment to Environmental Justice
June 16, 2023
On April 21, 2023, the eve of Earth Day, President Biden continued his Administration’s spotlight on environmental justice issues by signing Executive Order 14096,…
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WOTUS Whiplash 4.0: The Revised Definition of “Waters of the United States”
April 14, 2023
It’s that song in your head that you can’t stop hearing. On March 20, 2023, the 500-plus page final Revised Definition of “Waters of…
Firm News
Alex Ferri and Jason Strickland to Present at NCBA’s 2023 Construction Law Winter Program
February 6, 2023
The Construction Law Section of the North Carolina Bar Association is preparing for its 2023 winter program, featuring attorneys Alex Ferri and Jason Strickland…
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The Design-Build Contract Blueprint: Exploring the Boundaries of Architectural Services for General Contractors
February 1, 2023
Do design-build contracts allow general contractors to perform as architects? Not directly. As design-build contracts grow in popularity, it’s important that general contractors, owners,…
Firm News
Media Mention: NASBP Features Article Written by Evan Musselwhite and Luke Tompkins
January 26, 2023
The National Association of Surety Bond Producers (“NASBP”) recently highlighted an article written by attorneys Evan Musselwhite and Luke Tompkins on its blog. Their…
Firm News
18 Ward and Smith Attorneys Honored in 2023 Edition of Super Lawyers
January 23, 2023
Super Lawyers, a renowned rating agency, is honoring 18 Ward and Smith attorneys for their exemplary legal services in North Carolina. Thirteen distinguished attorneys have been…
Firm News
Pushing the Boundaries: Ward and Smith’s Most Popular Articles of 2022
December 30, 2022
2022 was an amazing year of enriching content from the Ward and Smith team! Our attorney-authored articles on trending topics were read far and…
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Media Mention: Jason Strickland’s Article Featured on NASBP Blog
December 22, 2022
With disputes in the construction industry often involving complex contracts, communication can be make-or-break. The National Association of Surety Bond Producers (NASBP) recently featured…
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Aiming Higher: Construction Industry Economic Update
December 21, 2022
Hank Harris, Director of Consulting of Ward and Smith Business Consulting, shared insights on the current state of the construction industry and tips for…
Firm News
Ward and Smith Celebrated in 2023 Edition of Best Law Firms
November 3, 2022
Ward and Smith shines bright in the 2023 edition of “Best Law Firms.” U.S. News & World Report and Best Lawyers® released their annual rankings that recognize…
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No One Knows What It Means, But It’s Provocative: The USDOL’s Latest Independent Contractor Test
October 21, 2022
On October 13, 2022, the United States Department of Labor (“DOL”) published its proposed rule (the “Proposed Rule”) for determining whether a worker should…
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“Reading the Riot Act”—Why Notice and Opportunity to Cure Matter
October 14, 2022
Those of us of a certain age recall the phrase “reading the Riot Act” as a stern warning or dressing down. Someone chewed out…
Firm News
7 Ward and Smith Attorneys Named to 2023 Best Lawyers: Ones to Watch
September 12, 2022
Best Lawyers® has selected seven Ward and Smith attorneys for inclusion in the 2023 edition of Best Lawyers: Ones to Watch. This honor recognizes some…
Firm News
You’re Invited: Register for Ward and Smith’s Construction Conversations and Closely Held Business Briefings
September 9, 2022
This October, we’ve connected two incredible Ward and Smith events into one convenient setting, with your choice of location. Join us for one of…
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Labor Unions and “Protected Concerted Activity:” What Private Employers – Unionized or NOT – Need to Know in 2022
August 19, 2022
Employers, it seems, can’t catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates,…
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Installation and Use of Solar Power Systems in North Carolina
July 6, 2022
Approximately twenty-five percent of North Carolinians live in a planned community where the restrictive covenants are administered by a homeowners association (“HOA”). If you…
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The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors
June 17, 2022
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act into law, which is popularly known as the…
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New Law Limits Broad Form Lien Waivers in Construction Projects
June 10, 2022
Lien rights can be one of a contractor’s most important means of securing payment on any private construction project in North Carolina. Under Chapter…
Firm News
Media Mention: Brad Evans and Evan Musselwhite Featured on NASBP’s Blog
May 3, 2022
The National Association of Surety Bond Producers (NASBP) is sharing insights from attorneys Brad Evans and Evan Musselwhite with its members. The organization republished Brad and…
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North Carolina Licensing for General Contractors: Licensure of Joint Ventures
April 6, 2022
Joint ventures are a common method of undertaking construction projects in North Carolina. Through a joint venture, two companies can pool their resources and…
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The Application of North Carolina’s Economic Loss Rule to Commercial Construction Projects
March 18, 2022
This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial…
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Getting Rid of the Misnomer: The Risks Behind the Term “1099 Employee”
February 2, 2022
While many employers use the term “1099 employee” as a means to distinguish independent contractors from the company’s W-2 employees, no such term exists…
Firm News
Ward and Smith Attorneys Named to 2022 Business North Carolina Legal Elite
January 4, 2022
Business North Carolina has selected several Ward and Smith attorneys for inclusion in its 2022 Legal Elite edition. The annual publication lists the state’s top lawyers…
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Construction Conversations around the Licensing Board, Liens, and the Supply Chain
December 8, 2021
My colleagues and I recently provided key updates on supply chain disruption, liens, and licensing boards during the firm’s 2021 Construction Conversations Webinar. In…
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Talking Shop: State of the Construction Industry
November 5, 2021
This article is part of a series summarizing key topics discussed at Ward and Smith’s 2021 Construction Conversations Webinar. Recently, Hank Harris, Ward and Smith…
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Government Relations and Employment for the NC Construction Industry
October 20, 2021
This is the first in a series of articles summarizing key topics discussed at Ward and Smith’s 2021 Construction Conversations Webinar. Members of Ward…
Firm News
Sign Up for the 2021 Construction Conversations Webinar
September 15, 2021
Let’s talk construction. Join us on October 6, from 8 a.m. to 10 a.m., for our Construction Conversations webinar. It’s a virtual event created for those…
Firm News
7 Ward and Smith Attorneys Recognized as “Ones to Watch” by Best Lawyers®
September 9, 2021
Best Lawyers® has named seven Ward and Smith attorneys as “Ones to Watch” in its 2022 edition of Best Lawyers in America®. This honor…
Firm News
Save the Date: Construction Conversations Breakfast Series
August 5, 2021
We are deconstructing our Construction Conference into a trio of sessions designed to make it easier for you to attend and gain insight into…
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Taking License Liberties Based on Affiliation
July 23, 2021
Questions regarding general contractor licensure requirements often arise among affiliated or related companies, namely, which entities are required to have a license. The issue…
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Common Mistakes to Avoid When Appealing a North Carolina Occupational Licensing Board Decision
June 25, 2021
Ed. Note: This is the third in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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Appealing Disciplinary Actions of North Carolina Professional or Occupational Licensing Boards
June 9, 2021
Ed. Note: This is the second in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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North Carolina Occupational Licensing Boards: Disciplinary Hearings and Appeals, 101
May 21, 2021
Ed. Note: This is the first in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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A Soft Deadline for Hard Cash: American Rescue Plan Funds for North Carolina Municipalities
May 14, 2021
First, the good news: every municipality in North Carolina is eligible to receive a large cash infusion, up to 75% of its budget, from…
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Joint Check Agreements in Construction: Use with Caution
April 21, 2021
Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages…
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The Economic Loss Rule – Recently Refined or Redefined by the North Carolina Supreme Court
January 22, 2021
Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction. This article…
Firm News
13 Ward and Smith Attorneys Listed in Business North Carolina’s 2021 “Legal Elite”
January 6, 2021
Business North Carolina has recognized 13 Ward and Smith attorneys as 2021 “Legal Elites.” Of the thousands of lawyers practicing across the state, only…
Firm News
Media Mention: NASBP’s Blog Features Article by Bill Durr
December 21, 2020
The National Association of Surety Bond Producers (NASBP) is sharing insights from Ward and Smith’s 2020 Construction Conference with its members. The organization recently…
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Industry Veteran Delivers Economic Forecast, Advice for N.C. Construction Firms
December 11, 2020
On October 8, 2020, Hank Harris, the director of Ward and Smith Business Consulting and a senior chairman at FMI Corporation, delivered the…
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COVID-19 and the Construction Industry: Must Know Information for Executives
December 2, 2020
During Ward and Smith’s recent virtual “Construction Conference,” six of my partners and I covered a range of emerging legal issues — most related…
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Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
October 23, 2020
Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract.…
Firm News
3 Ward and Smith Attorneys Named “Lawyer of the Year” by Best Lawyers®
August 27, 2020
Best Lawyers® has selected three Ward and Smith attorneys as “Lawyer of the Year” for 2021. This recognition is awarded to individual lawyers with the highest…
Firm News
41 Ward and Smith Attorneys Named to “Best Lawyers in America®” for 2021
August 20, 2020
Ward and Smith is proud to announce that nearly half of the firm’s attorneys have been recognized by one of the most respected and trusted…
Firm News
Media Mention: NASBP’s Blog Features Article Written by Jason Strickland
August 17, 2020
The National Association of Surety Bond Producers (NASBP) is sharing an article written by construction litigator Jason Strickland with its members. The organization recently…
Firm News
Save the Date for Ward and Smith’s 2020 Construction Conference – Virtual Edition
August 11, 2020
Ward and Smith’s premier event for construction industry executives and professionals is going virtual. The 2020 Construction Conference will be held online on Thursday,…
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“Do I Need to Return My PPP Loan?” SBA Extends Safe Harbor Deadline to May 18
May 14, 2020
[Ed. Note: The safe harbor deadline has been updated to reflect FAQ 47, published on May 13, which extends the original safe harbor deadline to May…
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Replacing the Clean Water Rule – Is the Dance Really Over?
May 11, 2020
On April 21, 2020, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) completed step two of the two-step “repeal…
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The Importance of Reviewing and Complying with Performance Bonds
April 7, 2020
As we continue to cope with the economic impacts of the COVID-19 pandemic, it is important for participants in the construction industry to take affirmative…
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Now Is the Time to Review Your Force Majeure Clause
March 19, 2020
Virtually every industry has, or will be, significantly affected by COVID-19. Just recently, Governor Roy Cooper issued an executive order to close sit-down service…
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Addressing Financial Impacts of the COVID-19 Crisis on Construction Companies
March 19, 2020
In the midst of the current Coronavirus crisis, the priorities for most construction companies are (1) the health and well-being of its employees, and…
Firm News
Bill Durr and Evan Musselwhite Named Construction Practice Group Co-Chairs
December 30, 2019
Ward and Smith has new co-chairs of our thriving Construction practice. Attorneys Bill Durr and Evan Musselwhite succeed construction litigator Jason Strickland, who passed the…
Firm News
Save the Date: CFMA Carolinas Construction Conference
October 14, 2019
We are pleased to return as sponsors of the Construction Financial Management Association’s (“CFMA”) annual Carolinas Construction Conference. The conference, hosted by CFMA Chapters, brings together CFOs, controllers,…
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The Member’s Role in a Community Association
September 4, 2019
Congratulations! You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of…
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NC Anti-Indemnity Statute Update, New Changes Now in Effect
August 7, 2019
On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina’s anti-indemnity statute, N.C. Gen. Stat § 22B-1 (“Anti-Indemnity…
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The Accidental Construction Owner: A Checklist of Considerations for HOAs Engaging in Construction
July 26, 2019
Homeowners associations (“HOAs”) do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The…
Firm News
Joe DelPapa and Evan Musselwhite Join Raleigh Office
June 24, 2019
Ward and Smith is pleased to announce the addition of Joe DelPapa and Evan Musselwhite to the firm’s Raleigh office. DelPapa will expand the…
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Construction Conference Insights: Industry Leaders Lay the Foundation for Success
June 21, 2019
Three construction industry executives with nearly a century of experience among them freely shared the lessons they had learned and the keys to their…
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Construction Conference Insights: Industry Expert Lays Out Prospects for Growth
May 24, 2019
Wondering about the outlook for the construction industry in 2019 and beyond? Chris Daum, president and CEO of Raleigh-based FMI Corp., has a forecast. Daum…
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Construction Conference Insights: How to Lower Legal Risk
March 27, 2019
Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel…
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The Economic Loss Rule and Why It Matters in Construction Litigation
March 20, 2019
In its broadest sense, the “economic loss rule” prohibits recovery in tort for purely economic loss incurred under contract law. The Merriam-Webster Dictionary online…
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Brownfields Redevelopment Receives Boost Under the BUILD Act
February 15, 2019
Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide. The attraction to dense, urban communities offering work/live/play opportunities and away…
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When a Chapter 11 Plan is Absolutely Dead on Arrival
January 30, 2019
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11. We focused on the importance of the Disclosure…
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How Did We Get Here? A Quick Look at North Carolina Occupational Licensing Legislation
January 9, 2019
During the past four years, numerous bills concerning North Carolina’s occupational licensing boards have been proposed, but few have passed in the legislature and…
article
Professional Defense for Professional Licenses
November 28, 2018
Sometimes it’s best to let professionals do what they do best. I don’t call a real estate agent when I need a flu shot,…
Firm News
Ward and Smith Announces New Construction Conference Date
October 30, 2018
Ward and Smith is thrilled to announce the new date of our Construction Conference. Construction industry executives and professionals, including engineers, architects, surveyors, and…
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Special Bulletin: Gov. Cooper Signs Hurricane Relief Package into Law
October 17, 2018
On Monday, October 15, the North Carolina General Assembly voted during a Special Session to approve Senate Bill 3, which appropriated an unprecedented $794…
Firm News
Register for Ward and Smith Sponsored CAGC Networking Event
October 11, 2018
It’s being called “one of the most anticipated Connect Events of the year,” and we’re proud to be a sponsor. Join us on Tuesday,…
Firm News
Media Mention: Jason Strickland Shares Construction Law Knowledge with BNC
September 25, 2018
There are several methods for resolving construction disputes. And recently, construction litigator Jason Strickland explained the pros and cons of one popular form of…
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Construction Law: Final Payment by Owner, Avoiding Lien Claims
September 5, 2018
A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of…
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Construction Arbitration: The Pros and Cons
August 29, 2018
It’s an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction…
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Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse
July 25, 2018
Your business has taken off, and you’ve been searching for that perfect 7,500 square foot building on an acre of land close to town,…
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Real Property: More Than Meets the Eye
May 30, 2018
Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other…
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Focus on Military Readiness Means More Construction Work on Military Bases
April 25, 2018
The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in…
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“ITIN Contractors” – What North Carolina Construction Companies Need to Know to Minimize Risk
April 11, 2018
As explained in an earlier article, the North Carolina Department of Revenue (the “NCDOR”) has aggressively audited North Carolina construction companies on the issue…
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Exclusive Use Provisions in Commercial Leases
February 9, 2018
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant…
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NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?
January 15, 2018
When the North Carolina Department of Transportation (“DOT”) exercises its power of eminent domain, in addition to taking private property in fee simple, it…
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The Importance of Construction Contracts and Items to Consider When Preparing Construction Contracts
January 30, 2017
It’s important for parties entering into any significant economic transaction to have written contracts. This is especially true for construction projects which are, by…
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Just Compensation for Contaminated Land
November 14, 2016
When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive “just compensation”…
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TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map
June 16, 2016
On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby…
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North Carolina Construction Companies – Have You Covered Your Bases on Your Payments to Your “ITIN Contractors”?
January 29, 2016
If you are like many North Carolina construction company owners and managers, the phrase “ITIN contractor withholdings” is one with which you are unfamiliar. …
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E-Verify Changes Expected for North Carolina
October 27, 2015
In the final days of the 2015 legislative session, the North Carolina General Assembly passed the Protect North Carolina Workers Act (“Act”). The Act…
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Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan
June 25, 2015
Introduction The power of eminent domain, or “condemnation,” is the power of the government and certain regulated public utilities to take private property for…
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Contractor Licensure in North Carolina
April 30, 2015
North Carolina requires that anyone who contracts with another person or entity to construct or make improvements to any building, highway, or public utilities,…
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Transportation Corridor Protection Maps—Has Your Land Been Taken?
March 11, 2015
When a corridor protection map was filed in 2005 for the extension of Military Cutoff Road in New Hanover County in accordance with the…
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What Is An Easement, How Do You Get One, And What Is It Good For?
December 10, 2014
You own land. Is it possible for someone else to have the right to use your land without your permission and maybe against your…
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Recent Newspaper Series Brings Bad Publicity to North Carolina’s Construction Industry: But, Construction Companies – Here’s the Real Story
September 16, 2014
On Thursday, September 4, 2014, the Raleigh News and Observer and the Charlotte Observer published their “Contract to Cheat” series online, with corresponding articles…
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CAUTION! CONSTRUCTION ZONE: A Piece-Rate Compensation System Can Be An Effective Tool For Construction Businesses, But What About Overtime?
October 21, 2013
If your business involves construction, then you may be familiar with the concept of piece‑rate compensation. Under this system, employees are paid based on…
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SPECIAL BULLETIN: North Carolina’s New Mechanic’s Lien Law – The Ground Has Shifted
October 11, 2012
On July 12, 2012, North Carolina Session Laws 2012-158 and 2012-175 became law. These laws significantly change North Carolina’s mechanic’s lien and public project…
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Sequestration and the Department of Defense Budget: Its Stunning Impact on the National and North Carolina Economies
August 22, 2012
What is Sequestration? “Sequestration” is the fancy name given in Washington, D.C., to an extremely ugly and blunt form of congressional budget control. According…
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Seeing Red in Green Building Issues
June 13, 2011
Green building, the use of construction processes that are environmentally responsible and resource efficient throughout a building’s life cycle, has become a big business. …
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An Essential Brick and Its Chip: A Refresher on Payment Bond Claims Under the Miller Act and the “Little Miller Act”
May 24, 2011
Introduction One of the first things an aspiring construction attorney typically encounters is the availability of the lien right, its value as a tool,…
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General Contractor’s OSHA Duty Expanded
December 15, 2010
Did you know that a general contractor in North Carolina can now be held liable for an Occupational Safety and Health Act (OSHA) violation…
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Surviving the Current Economic Crises in the Construction Industry
January 30, 2010
It seems clear that the economic climate for the construction industry will not return to the pre-recession level for some time. However, if you…
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You Just Bought a Brand New Building or House, But Do You Have Good Title? The Current Financial Crisis and the Rise of Surprise Title Issues – Part Two
September 29, 2009
An Example of a Contractor’s “Hidden Lien” A developer of an office complex of ten lots (“Owner”) owns a lot in the complex (“Lot 1”)…
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You Just Bought a Brand New Building or House, But Do You Have Good Title? The Current Financial Crisis and the Rise of Surprise Title Issues – Part One
September 29, 2009
In the current financial climate, many buyers of newly constructed, or recently improved, homes and buildings are having the joy of ownership replaced by…
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The Government Takes Your Property Because You Won’t Sell: What is the “Just Compensation” the Government Must Pay?
September 9, 2009
Although it seems contrary to some of the most revered of the “fundamental rights” protected by the United States and North Carolina Constitutions, one…
