Blog

The attorneys at Bell, Davis & Pitt are committed to staying current in our respective areas of practice. We maintain this blog to serve as an additional resource for our clients and our communities. Our aim is to provide useful and thoughtful content for anyone in search of information in these areas.

Visit one of our topic-centric pages, or keep scanning for a collective of posts from all of our areas of focus. If you have ideas for posts, comments, or suggestions, please reach out to one of our authors.

retaining wall

Construction Defect Litigation -- Is Faulty Workmanship Covered by Your CGL Policy?

July 20, 2020
Alan M. Ruley Allison Buckner Parker
Insurance Recovery Construction and Design Law
I. Scenario Suppose that you are a general contractor. You have a standard form Commercial General Liability (“CGL”) insurance policy.[1] You are hired to construct a home, or a commercial building. You hire subcontractors for some of the work, such as excavation of the building site and stabilization of cut slopes above the site.
IRS past due notices

The IRS "Notice" Nightmare continues...

July 16, 2020
John A. Cocklereece, Jr.
Tax Controversy Law
In an early June post, I mentioned that the pandemic had shut down the IRS, but that they were beginning the process of slowly re-opening. One consequence of the shutdown was that payment and other notices that would have gone out did not go out. As the IRS ramps back up, these "backlogged" notices should have started to go out as early as July 15. One estimate states that there may be as many as 20 million backlogged notices going out.  
NC Property Tax Commission Goes Virtual

NC Property Tax Commission Goes to Virtual Hearings due to Pandemic

July 12, 2020
John A. Cocklereece, Jr.
North Carolina Property Tax Law Monitor
Due to the COVID-19 pandemic, North Carolina Property Tax Commission (PTC) hearings were cancelled for March through June. It appears the PTC will restart hearings in July. However, pursuant to an recent announcement, the PTC will have "virtual" hearings for the forseeable future [see announcement here]. Parties are not required to accept a virtual hearing and can opt out.
Estate Planning CLE

Byers to Co-Present at Estate Planning & Fiduciary Law CLE on Malpractice

July 8, 2020
Firm News
Attorney Colleen Byers will be co-presenting at the North Carolina Bar Association’s Estate Planning & Fiduciary Law Program on July 23. The session, titled “Watch Out! Malpractice Avoidance, Claims Repair & Ethical Considerations,” is part of a 6-hour CLE program. Byers will be co-presenting with Mark Scruggs, senior claims counselor with Lawyers Mutual. This year marks the first time that the annual Estate Planning & Fiduciary Law Program, now in its 41st year, will be held virtually.
building collapse

Owners and Contractors: Does Your Insurance Policy Cover Defective Workmanship?

June 29, 2020
Alan M. Ruley Allison Buckner Parker
Insurance Recovery Construction and Design Law
The Problem – Coverage for Faulty Workmanship. A frequent question that we face is whether a property owner or contractor’s insurance policy provides coverage for the cost of repairing faulty work done by a subcontractor. The specific terms of the policy are critical here.  If the policy contains a defective workmanship exclusion, it may not provide coverage.  A Recent Decision – Exclusions Have Exceptions.

N.C. Mediations to be Conducted Remotely by Default

June 12, 2020
Colleen L. Byers
Mediation & Arbitration Blog COVID-19 Legal Insights
The Supreme Court of North Carolina recently issued an order, dated June 3, 2020, amending the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions. The order requires all mediations to be conducted through the use of remote technology (ie: by telephone, videoconference, or other electronic means) except by (1) court order, or (2) agreement of all parties and persons required to attend and the mediator to (a) an in-person mediation, and (b) compliance with all federal, state, and local safety guidelines that have been issued.

Blogs

Categories

Topics