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Archive by tag: Nexsen PruetReturn

Commandment #4: Don't Delay Employee Interviews- and Memorialize the Statements: When the Feds Come Knockin'

Over the last several weeks, I’ve been providing some practical advice on what to do and what not to do during federal, state or local investigations. Those Top Ten Commandments are......By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Aug 15,2019 |

NLRB Seeks To Reinforce Employee Choice Through Regulatory Changes

One of the primary responsibilities of the National Labor Relations Board (NLRB) is conducting secret ballot elections in the workplace about the choice to be union-free or not. Over the years, however, the right to a secret ballot election has been...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Aug 15,2019 |

New General Contractor Continuing Education Requirements in North Carolina

It’s official. New legislation requiring North Carolina general contractors to fulfill annual continuing education requirements was signed into law on July 1....By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jul 19,2019 |

Performance Bonds – Will the Liability Ever End?

Construction contracts for commercial projects, including the ongoing boom in apartment projects, routinely require the general contractor and/or the subcontractors to provide performance bonds. Performance bonds are also typically required on...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jul 11,2019 |

Workplace Safety And Summer Heat

Workplace Safety And Summer Heat - Summer temperatures can create hazards for workers, and employers can be liable for not addressing conditions that could lead to injuries and illnesses, such as heat exhaustion and heat stroke. Liability can arise...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jul 11,2019 |

Premises Liability: Comparative Negligence Is Not a Defense in Child Trespasser Case

In a premises liability action, the duty a landowner owes depends on the status assigned to the person upon the property. Generally, South Carolina acknowledges four categories; trespassers, invitees, licensees and children. While South Carolina’s...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jul 09,2019 |

Right to Enforce Arbitration Is Waived Upon Default

Generally, the right to enforce arbitration may be waived. While there is no established rule as to what constitutes waiver, it typically requires a showing of prejudice through undue burden resulting from the delay in demanding arbitration. That...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jul 02,2019 |

NC Legislative Update: June 2019 #3

House and Senate members continued their work towards a budget deal ahead of the approaching end of the fiscal year. Budget writers met several times with the Governor to work on a compromise, since it is unlikely that the General Assembly could...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jun 24,2019 |

Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy

It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance; required coverage may not be...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jun 11,2019 |

Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!

In North Carolina, the economic loss rule will not bar recovery on a negligence claim when there is no contract between the parties. In Lord v. Customized Consulting Specialty, Inc., a general contractor contracted with the plaintiff owners to...By: Nexsen Pruet, PLLC
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Nexsen Pruet, PLLC | Jun 10,2019 |
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