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construction litigation Archives

Construction litigation can be contractual or based on negligence

Construction litigation in North Carolina can erupt from far more than alleged breaches of the construction contract by one or more parties. Other forms of litigation can arise as initiated by third parties not related to the construction itself.

Waivers of consequential damages can be unwise for owner-developers

Contract law, particularly when there is a breach of a North Carolina contract, will address the issue of compensable damages to the injured party to the contract. As explained by the American Bar Association, damages are typically divided into two categories: direct damages and consequential damages.

Most expensive home defects and repairs

Purchasing or building a home in North Carolina should be an exciting time, but poor quality construction could turn your home buying adventure into a nightmare. You should be on the lookout for warning signs of serious issues within your home in order to fix them promptly. Here at Triangle Law Group, we understand that some contractors do not fulfill their responsibilities adequately, and we fight to hold them accountable.

What should be in your construction contract?

Before you sign an agreement with a general contractor to have work done on your home in North Carolina, you want to make sure that you do, in fact, agree on all the terms it includes. According to FindLaw, there are several key aspects of the construction contract that you should review carefully.

Signs of a faulty foundation

Homeowners in North Carolina who are hoping to build their dream home often put their trust entirely in contractors to do the work. While they expect quality work and attention to detail, sometimes that is not the case. One of the areas which could cause the most significant damage to a home is a faulty foundation. Therefore, it is imperative to see the warning signs before the problem requires major repair or replacement.

North Carolina's changing construction laws

While often overlooked, construction is a major part of the economy in most states in America. Hot cities like Raleigh, Durham, and Charlotte are seeing exponential growth, and with that growth comes the inevitable demand for new buildings, homes, road repairs, bridges and other needs. Yet when plans for those new structures go awry, a series of legal procedures may take place. These procedures can often prove to be challenging, especially to those unfamiliar with state-specific laws regarding construction negligence.

How can subcontractors protect themselves from delay litigation?

Everyone involved in a construction project in North Carolina must work on a tightly coordinated timetable. Delays happen, though, and as a subcontractor, you could be the one paying the price. According to Construction Executive, you do have ways to shield yourself from any potential consequences of schedule changes and delays.

Looking at some of the basics of mechanic's liens, P.2

Previously, we began looking at the role mechanic's liens can play in allowing contractors to secure payment for work performed on real property under a valid contract with the owner of real property. The most important issue for any contractor or subcontractor who remains unpaid for work performed on a property is the relief available to them when the lien is enforced.

Looking at some of the basics of mechanic's liens, P.1

Mechanic's liens are an important tool for contractors providing services to property owners. Construction projects can get messy when parties end up disagreeing on their mutual obligations, and the ability to file a mechanic's lien ensures contractors and subcontractors are able to secure payment for services when the property owner refuses to cooperate.

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.

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