Legal News

Poyner Spruill recently prevailed before the North Carolina Court of Appeals.  On December 31st, 2020, in Wright Construction Services, Inc. v. Hard Art Studio, PLLC, the court reversed the Wake County Superior Court and ruled that architects and engineers may not defend themselves from tort liability on the basis of a contractor’s failure to obtain licensure prior to entering into a construction contract....By: Poyner Spruill LLP

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver of claims....By: Poyner Spruill LLP

On June 24, 2020, Governor Roy Cooper signed Executive Order No. 147 (“Order 147”), extending North Carolina’s Phase 2 easing of coronavirus restrictions until 5:00 pm on July 17, 2020.  Significantly, Executive Order No. 147 not only delays Phase 3 easing of restrictions, it also includes certain amendments to Governor Cooper’s original Phase 2 Order requiring additional protective measures to mitigate the spread of COVID-19. These additional measures, which went into effect at 5:00 pm on.....

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has released a new COVID-19 alert specific to the construction industry. The stated purpose of the alert is to provide “tips” to contractors, and others in the...By: Poyner Spruill LLP

The construction industry continues to be the most hazardous industry in the State of North Carolina according to the North Carolina Department of Labor. While 2018 had been the deadliest year for the state’s construction workers in more than five...By: Poyner Spruill LLP

For the first time in 60 years, the U.S. Department of Labor updated the Fair Labor Standard Act’s (FLSA) joint employer regulations. (29 C.F.R. §§ 791.1 to 791.3.)...By: Poyner Spruill LLP

The coronavirus, first identified in China, was declared a global health emergency by the World Health Organization on January 30, 2020. Borders are being closed to travelers, airline flights suspended, and cruise passengers quarantined. What...By: Poyner Spruill LLP

On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act” or “Act”), which is primarily intended to help Americans save for retirement.  In a previous article, we...By: Poyner Spruill LLP

H-1B visa petitions have been receiving increased denials from the US Citizenship & Immigration Services (USCIS) following the President’s Buy American and Hire American Executive Order of 2017. For example, according to the National Foundation for...By: Poyner Spruill LLP

The Federal Motor Carrier Safety Administration (FMCSA) has established the CDL Drug and Alcohol Clearinghouse (Clearinghouse). The Clearinghouse is a database, which will contain information related to violations of the US Department of...By: Poyner Spruill LLP