During the economic downturn in 2008-10, contractors on North Carolina public projects suffered significant losses due to the double payment risks in the then existing Little Miller Act. Taking their concerns to the legislature and working closely with other groups…
“The health of a democratic society may be measured by the quality of functions performed by private citizens” – Alexis de Tocqueville, Democracy in America, 1835. In August of 2013, Governor McCrory signed into law House Bill 857 (codified as…
Confusion often exists as to the differences between the multiple types of guaranty agreements and suretyship agreements in North Carolina. Although subtle differences can dictate when the liability of a party may be triggered, they do share some initial similarities. …
In the past, many whistleblower claims arose out of simple revenge. A fired or aggrieved employee seeking retribution against his employer for a termination or demotion. Today, however, people are reporting complaints at an ever-increasing rate under a variety of…
Effective July 1, 2013, identification of an individual who is party to a UCC-1 Financing Statement changed. Gone are the days of listing the debtor as “Joe Smith.” Now, you must use the name as it is indicated on the…
If you are like most folks this time of year, you have already seen more television ads, heard more on the radio, and had more robo-calls than you can stomach – and the primary election has only just come and…
Consider the following scenario: Seller claims $100.00 is due for goods provided. Buyer claims that only $75.00 is owed. Buyer then mails a check to Seller for $80.00, marked “paid in full”. What are the consequences if the Seller deposits…
“North Carolina is a debtor-friendly state.” A prominent North Carolina lawyer shared that sentiment with his newly-minted lawyer-daughter over and over again. She initially failed to appreciate the import of those words. After 20+ years of practice, the truth of…
An oft disputed, and occasionally misunderstood, provision in construction contracts is that of Liquidated Damages (commonly referred to as “LDs”). Generally speaking, Liquidated Damages refer to a sum of money which a party to a contract agrees to pay to…
Oftentimes when there are claims involving quality of construction, non-payment of subcontractors or suppliers, or payments due to a general contractor for money due from an owner, issues of licensure suddenly appear. Whether or not a general contractor and certain…
Non-Compete clauses have been an important tool in business practice for many years, used primarily in employer/employee relations and also as part of business purchases, both within the context of limiting future competition and adding value to the business. When…
Bankruptcy is designed to give debtors a “fresh start.” Accordingly, a bankruptcy discharge releases a debtor from liability for certain debts which the bankrupt party previously owed. A debt discharged in bankruptcy is no longer owed. Bankruptcy is often cruel…
The North Carolina Land Title Association (NCLTA) played a large role in the 2012 updates to North Carolina’s construction lien statutes, and the NCLTA was again active in shaping 2017 revisions. The 2012 updates benefited title insurance companies by creating…
A Wake County Superior Court Judge issued a ruling this week in a highly publicized land development / zoning case. The ruling ended another chapter in this highly controversial case, and further appeals are very possible. The case centers around whether a…
Since 1983, federal statutory provisions have required that 10% of funds authorized for highway and transit financial assistance programs be expended with DBEs. According to the United States Department of Transportation, the DBE (Disadvantaged Business Enterprise) program is designed to…