When it comes to landlord-tenant problems, some tenants are more at risk than others. This includes low-income tenants, disabled and elderly tenants, and also student tenants. According to a recent article, University of North Carolina students living in the Chapel Hill neighborhood are particularly prone to encountering rental issues, including burglary, gas and water leaks, out-of-repair flooring, vermin infestations, unjustified loss of security deposits, and other issues.
Last time, we began looking at some of the strategies that can be used to allocate risk in construction contracts, and the importance of working with an experienced attorney to negotiate risk allocation in the formation of construction contracts. Last time, we mentioned warranties and representations, as well as payment terms and conditions, as potential ways to allocate risk.
Professional licensing in any field establishes a level of trust with the consumer. It says you have successfully completed your training and that the industry has carefully vetted you for trustworthiness and upstanding character. Some businesses, like real estate, don't even allow you to practice their trade without a license, which you may even have to renew periodically following further training.
For both property owners/developers and contractors, careful negotiation of construction contracts is important to ensure a party’s rights and interests are protected. One important aspect of construction contract negotiation that should always be thoroughly explored is risk allocation.
In our last post, we began looking at a dispute between the State of North Carolina and a contractor who agreed to head up the construction of a psychiatric hospital in Morganton. As we noted, the contractor is bracing for the possibility that the Department of Health and Human Services will cancel the contract, and has said that it will plan to sue for wrongful termination if the contract is terminated.