September is all about "The Power of Preparedness." All month long, we're focusing on the importance of being proactive and prepared in various aspects of life and the benefits of anticipating potential challenges and taking steps to mitigate risks before they escalate.
Risk Reduction Strategies for Construction Contractors in North Carolina
by Jeff Stoddard, Construction Litigator
In the fast-paced world of construction, where contractors juggle numerous responsibilities, preventing problems before they arise is crucial. "Risk Reduction Strategies for Contractors" delves into essential practices that can save time, money, and headaches in the long run. The article emphasizes the importance of detailed written contracts with both clients and subcontractors, highlighting key provisions that are often overlooked but vital for avoiding disputes. By clearly defining change orders, ensuring accurate communication, and securing proper legal protections, contractors can build stronger relationships and prevent costly legal battles. This piece offers practical advice for those looking to safeguard their projects and enhance client satisfaction. Read More
Flood Insurance That Doesn’t Cover Flooding?!? Understanding and Navigating Common Pitfalls of NFIP Flood Insurance Policies
by Michael Parrish and Amy Wooten, Litigation Attorneys
This article unpacks the complexities and common pitfalls of National Flood Insurance Program (NFIP) policies, highlighting the unexpected challenges that homeowners can face when making flood damage claims. It reveals how private insurance companies, rather than FEMA, handle claims under the NFIP, often leading to frustrating denials due to technicalities and exclusions—like the surprising "earth movement exclusion," which can leave flood victims without coverage for damage caused by the very floods they're insured against. With strict deadlines and detailed requirements for filing claims, navigating this process can be daunting. This piece underscores the importance of understanding your policy and seeking expert advice to avoid costly mistakes and ensure your claim is handled fairly. Read More
Think Twice — Avoiding Waiver of the Attorney-Client Privilege through Issuance of a Press Release
by Isabelle Chammas and Joe Schouten, Litigation Attorneys
When your company faces a lawsuit, the instinct to defend your reputation with a swift press release is natural, but it comes with significant risks. "Navigating the Pitfalls of Press Releases During Litigation" explores the delicate balance between communicating with the public and protecting your legal interests. The article highlights how a poorly crafted press release can unintentionally waive attorney-client privilege, potentially exposing sensitive communications to your opponent. It also examines the role of third parties, like public relations firms, in this process and how their involvement could further complicate matters. Before responding to legal threats through the media, this piece underscores the critical importance of careful planning and legal consultation to avoid costly mistakes. Read More
Amending Your Planned Community's Declaration
by Justin Lewis, Real Estate Attorney
Amending the declaration of a community association is a common yet complex challenge for planned communities, particularly those with single-family homes. This article dives into the essential steps and legal considerations involved in making such amendments, focusing on two critical factors: obtaining the necessary level of member approval and ensuring that any changes are reasonable and consistent with the original intent of the community's declaration. With the evolving landscape of North Carolina law, including recent court rulings and legislative updates, understanding these nuances is key to navigating potential legal hurdles and avoiding challenges to the validity of amendments. Whether your community was formed before or after the North Carolina Planned Community Act, this guide provides crucial insights to help you manage the amendment process effectively. Read More
A Short Refresher On Discrete Legal Issues During Natural Disasters
by Will Oden and Genesis Torres, Labor and Employment Attorneys
In the face of natural disasters, employers must navigate a complex landscape of pay and leave issues, particularly when it comes to exempting employees and their rights. This article offers essential guidance on how to handle these challenges proactively, emphasizing the importance of planning ahead rather than reacting at the moment. It explores key considerations such as how to manage pay for exempt and non-exempt employees, the potential for volunteer work to be compensable, and the eligibility for unemployment benefits during a disaster. Additionally, it touches on the implications of various leave laws, including FMLA and ADA, and the risks of taking adverse actions against employees engaged in protected activities. By thinking through these issues in advance, employers can avoid costly missteps and ensure they are prepared when disaster strikes. Read More
Agritourism in North Carolina: Balancing Revenue Growth with Legal Compliance
by Allen Trask and Hayley Wells, Litigation Attorneys
Agritourism is becoming a crucial part of North Carolina's agricultural economy, offering farmers a way to diversify income and engage with the public. This article explores the benefits of agritourism, including educational tours, animal interactions, and farm-to-table dining. It also delves into the legal protections and liability risks associated with these activities, emphasizing the importance of adhering to statutory requirements and proper zoning regulations. Misclassifying activities as agritourism can lead to severe consequences, including loss of liability protections and insurance coverage. Read More
