Construction Law

Construction law involves substantial and complex contractual relationships, as well as significant financial investment on the part of all parties in a construction project. Drawing on our extensive experience representing parties in all phases of the construction process, starting with development and finance issues all the way through dispute resolution and project close out, Manning Fulton’s construction lawyers routinely advise lending institutions, developers, owners, contractors, subcontractors, construction managers, architects, engineers, sureties, insurance companies, and suppliers on construction projects of all types and sizes.

Our construction lawyers have extensive experience negotiating form contracts and agreements (AIA and AGC documents, for example) and routinely assist clients in litigation avoidance techniques if disputes arise on a project. Unfortunately, not all disputes on construction projects are able to be resolved. Indeed, disputes are almost commonplace on construction projects in today’s challenging economic times. Should disputes arise during the course of any construction project, Manning Fulton’s construction lawyers possess the expertise and practical litigation experience to craft a cost-effective resolution strategy tailored to the client’s individual needs.

We routinely represent our construction industry clients in trials and appeals in North Carolina’s federal, state and administrative courts and boards, and in arbitration and mediation. These disputes typically involve claims arising from commitments at the project’s inception to claims of extra work, acceleration, warranty claims, contractor termination and insolvency. Disputes we have handled for our construction industry clients include claims involving the following:

  • Bid protests
  • Bonds and insurance claims
  • Breach of warranty
  • Change orders
  • Claim avoidance and resolution
  • Contract termination
  • Defective installation
  • Delay claims
  • Design error
  • Foreclosures
  • Lien claims
  • Materials failure
  • Performance bond claims
  • Project scope disputes

One of the most widely litigated construction law issues in North Carolina is the mechanic’s lien. Chapter 44A of the North Carolina General Statutes sets for specific requirements for perfecting and enforcing the statutorily based lien and North Carolina courts have routinely held that a failure to strictly comply with those requirements defeats the claimant’s rights in the project. Manning Fulton’s construction lawyers have extensive experience in protecting clients’ interests through the filing of mechanic’s liens (on real property and against funds), as well as the prosecution and defense of lien claims on construction projects in North Carolina.

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