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November 2017 Archives

Proving bad faith

As has been detailed previously on this blog, construction contracts cannot be terminated unilaterally unless they contain some sort of termination for convenience clause. Many of the clients that we here at the Triangle Law Group have worked with in the past often feel handcuffed by such clauses. To avoid the same predicament, you may think that all you need to do is ensure your contracts do not contain them. However, a majority of public agencies in Raleigh insist upon them, and the law often provides the government with latitude when choosing to exercise them. 

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.

When is your personal safety the responsibility of the landlord?

When you look for a home or business space to rent in North Carolina, one of your main concerns is your personal safety. As a renter, you have the right to assume you will be reasonably safe while on the premises of your rental, no matter your income, budget or rental payment each month.

Unpaid rent and other grounds for eviction

Evictions can be incredibly overwhelming for landlords and tenants alike. Often, both parties feel stressed out or even uncertain of which steps to take during this process. Whether you are a landlord or are renting, it is crucial to make sure your legal rights are not trampled on. With landlord/tenant issues, there may be a number of details that could have an impact on the case, and each situation is unique. There are a myriad of reasons behind landlords' decisions to evict tenants, from unpaid rent to the expiration of a lease, and it is essential to be prepared.

Differentiating cause from convenience

Parties enter into contracts in Raleigh all the time with the expectation that both sides will fulfill their designated obligations. That does not necessarily mean, however, that all such contracts will be carried out. Disputes over services and duties or a simple change in circumstances could prompt one side of such agreements to seek to end them. Yet how does one terminate a valid, binding contract without facing any legal consequences

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.

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