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Indemnification, Duty to Defend, & Hold Harmless

Often lumped together and buried in the small print of business and construction contracts, indemnification, duty to defend and hold harmless provisions are often accepted without much examination or fanfare.  However, these three distinct provisions can have major consequences.  An…

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IS RECEIVERSHIP RIGHT FOR ME?

Receivership is a state law remedy similar to bankruptcy which is rarely used.  In the current legal world, receivers are most often sought during disputes between shareholders or business partners, especially where there is a “silent” partner who begins to…

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It’s Not My Fault: I Built It According to the Plans!

A project is complete and everyone is happy, until a latent structural defect is suddenly noticed. The owner calls on the general contractor to fix it. The general contractor calls on the subcontractor to address the problem. Everyone points fingers,…

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Key Concepts for Litigation

While sitting in a complex mediation recently, key words on which attorneys and clients alike should focus began to surface. Those words are SUCCESS; CREATIVITY; FLEXIBILITY; PATIENCE; AND COST/BENEFIT. Examining the words in the litigation context may help you prepare…

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KEY PROVISIONS IN A CONSTRUCTION CONTRACT

Contracts can be created with a simple conversation of a verbal offer an acceptance between two parties, with some consideration thrown in to make it enforceable.  Contracts happen to everyone on a daily basis.  We often enter into contracts with…

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Legislature Looking at Lien Law … Again

Have you ever started the lien process only to discover that the entity for which you performed the work was leasing the real property? Has your attorney explained that your lien is only as good as the terms of the…

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LIEN LAW REVIEW: HOW ARE THE REVISIONS WORKING?

In 2012, the North Carolina General Assembly passed significant changes to Chapter 44A of the North Carolina General Statutes.  They created a “lien agent” and what was anticipated to be a pre-notice concept to reduce the risk to title insurance…

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LITTLE MILLER ACT: PAYMENT BOND CLAIMS IN NORTH CAROLINA

Projects funded by North Carolinians’ tax dollars are not subject to mechanic’s liens, so the legislature long ago crafted legislation known as “the Little Miller Act.”  Modeled on a federal act known as “the Miller Act” (or “Big Miller”), the…

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Living Through a Home Renovation

A home renovation opens up new opportunities to update and enjoy your house.  You are starting a process that will make your house more of a “home”! A major renovation is an investment in the future needs of your family,…

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Mediation: A View From a Mediator

Over ten years ago, I had the opportunity to take the 40-hour course required to become a mediator certified by the North Carolina Dispute Resolution Commission to conduct Superior Court Civil mediated settlement conferences. It was by far the best…

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Mergers and Acquisitions: Transactional Forces and Process

Mergers and acquisitions.  Investments of capital.  Changes of ownership.  Merger and acquisition trends track closely to the larger economy.  2015 saw historically high transaction rates.  According to Deloitte’s Year-End Report, “[2016] started with a thud…But in October, US companies unleashed…

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NEW ASSUMED BUSINESS NAME LAW HITS THE BOOKS

“What’s in a name? That which we call a rose by any other word would smell as sweet.” Juliet clearly never served in the North Carolina legislature… Under the current law, North Carolina businesses may always operate under the legal…

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North Carolina Mechanic’s Liens and Payment Bonds

Hannah Sheridan Loughridge & Cochran’s attorneys enjoy extensive experience associated with filing mechanic’s lien claims, demanding payment from sureties upon payment bonds, and seeking remedies in the courts when parties to these claims fail to abide by their legal obligations.  The…

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E-Verify: Are You in Compliance?

Earlier this decade, the North Carolina General Assembly adopted the federal E-Verify program operated by the Department of Homeland Security as the primary clearinghouse for confirming workers in the State of North Carolina are in this country legally.  The program…

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