Act fast, and you can hear little ‘ol ME from the comfort of your computer speakers today at lunchtime. I’m presenting a brownbag
webinar starting at 12:00 Noon ET on
the 7 Critical Mistakes Designers Make that Could
Sabotage Their Projects. This is an expanded talk based on my white paper. The webinar is for 1 hour, and PDH
credit is available.
Free for members of the Professional Engineers of North Carolina; $30 for non-members.
Yesterday, we had a post discussing the negligence lawsuits that can arise out of construction accidents. Today, an infographic demonstrating some ground-breaking construction lawsuit facts & figures, courtesy of the folks at Datadial. [One note on the graphic below: as always, laws can be different in different states. Homeowners in North Carolina, for example, cannot sue for building construction issues after the house is 6 years old due to NC’s statute of repose. Always check the laws in your jurisdiction/End of legalisms!]
Today we welcome another guest author to the blog– Jonathan Newby. Jonathan is in the brokerage business, and runs a website relating to brokerage fees. Thanks Jonathan for your sharing your thoughts today.
Arbitration may be a better alternative to some construction disputes, assuming that you use a qualified and skilled arbitrator or arbitration panel. Here are five benefits for using arbitration over litigation:
These are five reasons why arbitration may be better for your construction dispute, so consider using an arbitration provision in your next construction contract.
Editor’s Note: As I’ve previously noted, there are pros and cons to arbitration in lieu of trial. The better venue is in part based on the type and size of contract, as well as numerous other subjective considerations. Discuss whether arbitration is appropriate for you with your construction law attorney.
Thoughts, comments, or questions? Drop Jonathan or me a note in the comments section, below.
Photo (c) freefoto.com.
A lawsuit could cost your company thousands, or hundreds of thousands, of dollars. You will spend more time with your lawyer than you’d like– time you’d otherwise be able to spend on your business. Sound fun? Of course not.
What can you do to lessen your risks of a lawsuit?
Take a few minutes right now to download my free 6 page white paper entitled 7 Critical Mistakes that Engineers & Architects make that Sabatoge their Projects & Invite Litigation. If you know what these critical, yet common, mistakes are, you can take steps to minimize your risk of being sued.
Duke Energy has been cleared to update power lines near the Eastern Band of the Cherokee’s reservation in the western North Carolina mountains.
Late last month, the North Carolina Utilities Commission handed down their ruling, allowing Duke’s project to continue despite protests from the Cherokee tribe and other residents of the Kituwah Valley. The Valley is home to a sacred site for the Cherokee and fear of damage being done prompted their reaction against the plans floated by Duke. The Valley is located along the Tuckaseegee River east of Bryson City.
The state utilities commission decided that Duke had not acted illegally by beginning construction on a 161-kilovolt transmission line upgrade. The upgrade is intended to help with increased demand in the area, specifically from the Harrah’s Hotel and Casino and surrounding development in Murphy, North Carolina.
The tribe and local citizen groups argued that the construction project would damage property values by destroying the natural beauty of the area. They requested that either the project be stopped entirely or that they be compensated for their predicted loss in property value.
The Commission ruled that the complainants had not met their burden of proof and had failed to show that Duke Energy had acted unreasonably or inappropriately in their planning of the power upgrade. The Commission also said that it was not empowered to order any compensation for loss in property value. “The complainant’s members will need to pursue that remedy in the appropriate court,” the Commission said.
This isn’t the only issue the group has had with Duke’s planned project. The original complaint filed by the Cherokee included an objection to Duke’s plans to locate an electrical tie station in the area. Duke subsequently voluntarily relocated that station. Duke plans to build a tie station, which steps power down from high-voltage transmission to lower levels needed to serve distribution stations for residential and commercial customers, to serve growth in the bustling casino area.
Duke says it has found two alternative sites for a power station so the company can avoid construction near the sacred mound which Michell Hicks, chief for the tribe, says is the home for the tribe’s mother town. One option is 13 acres in the Swain County Industrial park that is almost 4 miles from Kituwah, says Duke Spokesman Jason Walls. That site would cost $400,000. The second site is about 12 acres at Sheppard’s Creek, and would be about 1.4 miles from Kituwah. Because that is private property, Duke is not disclosing the cost.
The necessary improvements should be completed in 2012.
Have you followed this dispute? Have comments or questions about the decision? Drop me a line in the comments section, below.
Source “Duke Energy cleared to build high voltage line near reservation,” by John Downey. Photo (c) Kevin Dobo-Hoffman via CC.