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…
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.” …
Often, when business people feel they have been wronged or misled by another, their immediate response is: “This is FRAUD” or “I’ve been DECEIVED and it’s UNFAIR”. While these are certainly justified responses to the perceived bad acts of another,…
“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…
A series of recent lawsuits that have resulted in the North Carolina Court of Appeals and North Carolina Supreme Court limiting the ability of municipalities to assess impact fees as a part of a zoning ordinance. Impact fees are assessments…
Ever wonder how a court decides what case to hear, when to hear it and what the hearing is about? The process is somewhat cumbersome and often unpredictable. The general rule of thumb is – if you want it to…
For many years, credit card agreements forbade merchants from passing along the cost of accepting credit cards. With airline miles, cash back, and other incentives for consumers to use credit cards, merchants are experiencing ever increasing fees as more and…
The attorneys of Hannah Sheridan are admitted to practice in the federal bankruptcy courts for all three districts in North Carolina. We have experience in representing secured and unsecured creditors, defending preference claims, and handling litigation in the bankruptcy process. …
Recently, we have seen a new trend developing and it seems worth discussing in case it continues. Subcontractors and contractors with plenty of work on the books are finding themselves using Chapter 11 to stave off one aggressive creditor. In…
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…
The questions set out in the title of this article would seem on their face to be self-explanatory, but that is far from the truth of the situation. Most lawyers will tell you that in contract-based litigation, judges are disinclined…
Ever wonder what the difference is in the various types of judgments your attorney mentions? The easy answer is “absolutely nothing” except the route taken to get the judgment. Once entered, a judgment is a judgment. The real distinction may…
Acknowledging the changing times back in 2000, Congress first passed the Electronic Signatures in Global and National Commerce Act (also known as “E-Sign”) for the purpose of validating electronic contracts and signatures. The federal E-Sign legislation is the body of…
It is a common mistake that being “insured” (i.e. insurance) and being “bonded” (i.e. surety bond) are one and the same. While it is important that a contractor both be insured and bonded, it is equally important to understand the…
Sometimes bad things happen to good people. But the reverse is also true. Sometimes dishonest people receive unfair rewards and windfalls. When it comes to the latter situation, North Carolina judgment laws provide a few useful tools: supplemental examinations, execution…