North Carolina General Legal Blog

Ensuring that your contract addresses critical details

On behalf of Triangle Law Group posted in contract disputes on Friday, May 3, 2019.

Anytime you are drawing up a new contract between your entity and subcontractors for a project in North Carolina, chances are you follow a process to guarantee that you do not compromise the protection of your investment or the success of your project. At Triangle Law Group, we have helped people to better understand contract law and the components that are an integral part of a legitimate agreement.

When you spend adequate time articulating each clause of the contracts you write, the resulting document can function as a reference point for all parties to use when questions arise about each other's responsibilities. A well-written agreement can also address how problems should be resolved and what consequences stand in the event a promise is not upheld.

Don't rush your choice of contractors

On behalf of Triangle Law Group on Thursday, May 2, 2019.

Few home renovations are cheap, and a quality upgrade may require a sizable investment. You likely did your research. Perhaps it began with evenings on the sofa scrolling through window and wall treatments, appliances and fixtures. Now, you have established a budget, narrowed your choices and decided it was time to start looking for a contractor who can help you meet your goals.

What you may not realize is that the success of your project hinges on your choice of contractors. Unfortunately, it is not always easy to judge the quality of a contractor's work by his or her personality.

Home inspections: why they are important

On behalf of Triangle Law Group posted in contract disputes on Wednesday, May 1, 2019.

No one who buys a house in North Carolina wants to discover a nasty surprise in the home like a moldy wall, a heater that is faulty, or cracked flooring. Sellers also want to avoid unpleasant surprises, since a buyer who finds problems before a sale might insist on a lower price due to the home's issues. To prevent a bad deal from going down, buyers and sellers alike should consider having the home they want to sell or buy inspected before a purchase is finalized.

Homelight explains that from the seller's perspective, a house inspection reveals what is wrong with the house before a buyer can come in and discover it. The buyer may end up walking out on the deal or at least demand a lower price for the home. Inspecting the house first not only gives the seller time to fix the problems, but also keeps the seller informed and better able to answer any questions a buyer may have. This can help avoid snags in the sale and move the sale along at a faster pace.

How to win a real estate bidding war

On behalf of Triangle Law Group posted in contract disputes on Thursday, April 25, 2019.

Throughout the country and in North Carolina, home prices have been soaring. Because of the historically hot housing market, bidding wars have become the norm rather than the exception. High demand combined with low supply makes it important that a buyer know right away how to win a bidding war when it comes to buying a home.

According to CNBC, one thing buyers should do is come to the table with cash. Those who make a cash offer have the advantage because the seller does not have to worry that the loan may not come through. Some sellers may even cut a small portion of the price for those who pay with cash, although this is up to the individual seller.

Eviction is a strictly defined process

On behalf of Triangle Law Group posted in landlord/tenant matters on Monday, April 22, 2019.

If you are a North Carolina property manager or landlord, you likely prefer to have all of your apartments and homes occupied by tenants. However, when residents breach the lease agreement in some way, you may begin the eviction process. At Triangle Law Group, we have extensive landlord-tenant litigation experience and can help find the most cost-effective solution for the best possible outcome.

According to Dawson Property management, Chapter 42 of North Carolina General Statutes provides the procedures landlords must follow for correctly executed evictions. The most common reason for removing tenants from a property include the following:

Breaching lease agreement terms
Remaining on-site after the lease expires
Failing to pay rent
Engaging in criminal activities

What do you know about construction defects?

On behalf of Triangle Law Group on Friday, April 12, 2019.

When you ask most North Carolina homeowners what they know about construction defects, they may mention a leaky roof or a cracked foundation. While these are among the common types of defects found in homes, they are far from the only ones.

If you discover something wrong with your home, would you suspect that it was due to a construction defect? Would you know how to find out and know what to do thereafter? If you cannot answer these questions with any confidence, you are not alone. The information below could help give you a place to start.

Construction litigation involving nonpayment

On behalf of Triangle Law Group posted in construction litigation on Thursday, April 4, 2019.

As someone who owns a construction company, you probably face a number of stressors on a daily basis. Unfortunately, even when construction companies completely fulfill the expectations of their clients, things can go wrong. For example, a property owner may fail to pay for work that has been completed, which can generate high levels of stress and uncertainty or even interfere with a construction company's ability to move forward. In these instances, someone may decide to move forward with a lawsuit, whether they are a contractor or run a sizable construction firm.

There are a number of legal strategies that can be taken to get a property owner to pay for the services they have requested. Some people may fail to fulfill their financial obligations because they disagree with the quality of work, even though it is satisfactory or even exceptional. In other instances, a property owner may claim that they do not have the funds to pay for the work that has been done. Unfortunately, when people fail to pay contractors and construction companies for successfully-completed work, this can put construction firms and the workers they employ in a tough spot.

Will professional liability insurance protect me?

On behalf of Triangle Law Group posted in construction litigation on Thursday, March 28, 2019.

As the owner of a construction company, you may wonder how you can protect yourself against litigation from an unhappy customer in North Carolina. One option you have is professional liability insurance. However, you should understand what this will and will not cover because it cannot protect you in many situations. Once you understand this, it can help you to ensure you do have the right insurance coverage to protect your business.

To begin with, IRMI explains professional liability insurance generally only covers damages that are solely economic. So, if there is a claim for injuries, your insurance will not cover that. Some examples of what it will cover include are costs to redesign a project or your failure to meet professional standards. It may also cover issues with delays.

How can I avoid issues during home improvement?

On behalf of Triangle Law Group posted in construction litigation on Wednesday, March 27, 2019.

If you're thinking about improving your home in North Carolina, you know that finding the right contractor is essential. After all, you'll be spending a lot of money to renovate your property, and before making any decisions you want to be sure of a quality product. To help you avoid serious issues with construction litigation down the line, How Stuff Works recommends looking for the following red flags.

Has problems communicating

Bed bugs: a continuing problem in the U.S.

On behalf of Triangle Law Group posted in landlord/tenant matters on Wednesday, March 20, 2019.

At the Triangle Law Group in North Carolina, we represent many clients involved in commercial or residential landlord/tenant disputes. Oftentimes residential disputes revolve around whether or to what extent a landlord fixed a problem with an appliance, water faucet, etc. Other times, the dispute goes to whether or not the landlord is living up to his or her obligation to keep the premises in a fit and habitable condition overall. One issue that can be a headache for both tenants and landlords is bed bugs.

If you have or suspect that you have bed bugs in your apartment or rental house, this falls under the heading of a fit and habitable residence. Unfortunately, the Centers for Disease Control and Prevention warms that the incidences of bed bug infestations are rising across the country.