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March 2017 Archives

Morganton psychiatric hospital project subject of dispute between DHHS and contractor, P.2

In our last post, we began looking at a construction dispute involving the North Carolina Department of Health and Human Services and a contractor charged with heading up the construction of a mental hospital in Morganton. As we noted, the state is now attempting to cancel the contract after the project has run into numerous delays and significantly increased in costs due to complications.

Morganton psychiatric hospital project subject of dispute between DHHS and contractor, P.1

We have previously looked at the topic of construction delays on this blog, mentioning some of the principles of sorting out such disputes, which are quite common in construction projects. As easy as it may be to look at the general rules that govern construction contract disputes, sorting out the details can be hard in practice.

Rolling with the flow: Updating your estate plan

Hardly a year passes that doesn't bring some change in a person's life. If you look back over the past year, you may recall weddings, divorces, births and deaths within your family. You will also remember a presidential election, changes in tax laws and fluctuations in your investments. Perhaps you moved, changed jobs, retired or remarried. While many of these events seem like the natural flow of life, they can have a great impact on your estate plan.

Landlords: work with experienced attorney to address liabilities related to major property damage

Renting property can be a lucrative business, but it does involve certain costs and legal duties and comes with certain risks. One of the duties landlords owe to tenants is to keep the rental property in a habitable condition. This means performing ongoing upkeep and maintenance work, and addressing property-related disasters when they occur.

NC couple sues reality show production company over substandard construction work, P.2

Previously, we began discussing a lawsuit filed by a North Carolina couple against the production company for the HGTV show "Love It Or List It." As we noted, the couple has made a number of allegations against the show's production company.

Addressing liability for delays in construction projects, P.2

In our last post, we began looking at the issue of construction delays, and the importance of determining what specific aspects of the project caused the delay, who is responsible for the delay, and whether the delay entitles a contractor to a time extension or compensation, or the property owner to compensation.

NC couple sues reality show production company over substandard construction work, P.1

Some of our readers will be familiar with the HGTV series, “Love It Or List It,” which features homeowning couples choosing between renovating their current home or selling and purchasing a new home better suited to their needs. The series has one host, Hilary Farr, proposing and managing the renovation plan, and the other host, David Visentin, searching out and showing new homes.

Addressing liability for delays in construction projects

Delays disputes are one of most common contract disputes in construction projects. Depending on the nature and details of the project, and the type and extent of the delay, as well as any remedial measures taken, the costs of delays can be little or great. When the costs are great, parties want to litigate, and rightly so.

Avoiding unintended commercial lease termination: work with experienced legal counsel

One of the important issues businesses need to carefully consider when negotiating a commercial lease is the terms related to default and remedies available to the landlord in the event of default. Landlords can naturally be expected to demand terms which favor an aggressive right to terminate the lease, so businesses negotiating commercial leases have a need to advocate for their own rights and interests.

Work with experienced attorney to protect your interests in commercial lease negotiation, P.2

Previously, we began discussing the topic of commercial lease negotiation, and the importance of working with an experienced attorney. As we noted last time, tenants can always benefit from working with a skilled attorney who is able to help them overcome disadvantages in the bargaining process and ensure their interests are advocated.

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