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COURT OF APPEALS OF NORTH CAROLINA RULING DEMONSTRATES THE IMPORTANCE OF EXPERT TESTIMONY ON PROFESSIONAL STANDARDS OF CONDUCT

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A common issue in Architect and Engineer cases is distinguishing between what are possible alternate designs and what are repairs to defective designs. Just because one architect or engineer would have handled a design challenge differently does not mean it was originally handled incorrectly. This distinction was recently addressed in North Carolina. In Cranes Creek,…
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THE U.S. SUPREME COURT OVERTURNS THE CHEVRON DOCTRINE, WITH GREAT IMPLICATIONS FOR EXECUTIVE AGENCY REGULATORY AUTHORITY

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On June 28, 2024, the United States Supreme Court decided Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). The underlying controversy related to details of the Magnuson-Stevens Fishery Conservation and Management Act (“MSA”), which was implemented to prevent depletion of fishery resources off the coasts of the United States. The National Marine Fisheries…
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ALABAMA WORKERS’ COMPENSATION RATE CHANGE EFFECTIVE JULY 1, 2024

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As of July 1, 2024, the maximum workers’ compensation payable increased to $1,130.00 per week and the minimum increased to $311.00 per week. Click here to view the Alabama Department of Labor Memo: https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://labor.alabama.gov/docs/guides/wc_weeklywage.pdf&ved=2ahUKEwj10v3XloaHAxXb18kDHZQqCqUQFnoECBMQAQ&usg=AOvVaw1TDhXT5QNv_7MuwuwNevrx

LEGISLATIVE AMENDMENTS TO ALABAMA’S DESIGN PROFESSIONAL REQUIREMENTS

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During the 2023 legislative session, the Alabama State Legislature passed Act #2023-477, significantly impacting architects, engineers, and other design professionals in the state. Introduced by State Senator Clyde Chambliss, this bill aims to protect clients who may not be familiar with professional liability insurance policies and their coverage. Signed into law on June 14, 2023,…
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FLORIDA LOSES CLEAN WATER ACT PERMITTING AUTHORITY

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On April 12, 2024, the United States District Court for the District of Columbia issued a ruling revoking the State of Florida’s permitting authority under the Clean Water Act. In Center For Biological Diversity v. Regan, the district court granted partial summary judgment in favor of the environmental group plaintiffs, holding that Florida’s Department of…
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SEC CHARGES AUDITOR BF BORGERS WITH “MASSIVE FRAUD”

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The Securities and Exchange Commission (the “SEC”) has announced settled enforcement proceedings against audit firm BF Borgers CPA PC and its owner, Benjamin F. Borgers (together, “BF Borgers”), charging them with deliberate and systemic failures to comply with Public Company Accounting Oversight Board (“PCAOB”) standards in its audits and reviews of hundreds of public companies,…
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FINRA SUSPENDS BROKER FOR WHATSAPP MESSAGING MISUSE

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FINRA recently announced a six-month suspension penalty for a broker who utilized WhatsApp to communicate with firm customers about securities-related business. These communications included obtaining authorization to buy and sell stock, discussions about account performance, and discussions related to customer complaints. During its investigation, FINRA found the communications took place between November 2020 and January…
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SOUTH CAROLINA COURT OF APPEALS HOLDS “PAY WHEN PAID” CLAUSE IN CONSTRUCTION CONTRACT UNENFORCEABLE

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In J&H Grading & Paving, Inc. v Clayton Construction Company, Inc., 441 S.C. 272 (2023), the South Carolina Court of Appeals held that statutory language expressly prohibits parties from conditioning payment to the subcontractor upon the owner’s payment to the general contractor and makes any agreement to the contrary unenforceable. Clayton Construction Company, Inc. (“Clayton”),…
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