An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned by someone else and because it is human nature to value and protect property, it is...more
Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general...more
Hank Harris, Director of Consulting of Ward and Smith Business Consulting, shared insights on the current state of the construction industry and tips for how construction business owners can grow and succeed, along with...more
This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial construction projects in light of those developments, and...more
Recently, Hank Harris, Ward and Smith Business Consulting Director of Consulting, delivered his take on the factors currently shaping the construction industry and what he anticipates the future will bring.
Harris spent...more
Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages the construction project as a whole, (c) first-tier subcontractors hired by...more
On October 8, 2020, Hank Harris, the director of Ward and Smith Business Consulting and a senior chairman at FMI Corporation, delivered the keynote address at Ward and Smith's 2020 Virtual Construction Conference.
Harris,...more
Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract.
Liquidated damages provisions are common in construction contracts to guard against damages that the...more
10/23/2020
/ Actual Damages ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Delays ,
General Contractors ,
Liquidated Damages ,
Subcontractors
One of the hallmarks of limited liability companies ("LLCs") is that members of an LLC ordinarily do not owe fiduciary duties to each other or to the company itself.
Generally speaking, a fiduciary duty is an obligation...more