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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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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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Lien Law Primer

 Is the new lien law working or is the economy simply humming along?  A good question for all those involved in the construction industry right now.  As April arrives, we complete the fourth year under the new age of the…

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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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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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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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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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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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Homeowners Recovery Fund: The Last Resort

“A man’s home is his castle”.  This remains as true today, as when it was first uttered by Sir Edward Coke in the early 17th Century.   But what happens when one seeks to build a new castle or improve his…

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Express and Implied Warranties

This is a common story:  Supplier provides building material to Contractor.  Contractor installs material without any complaints.  Owner later holds back money from Contractor, claiming improper construction: “My building is not suitable for its intended purpose and violates your warranties.” …

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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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