I had a professional inspection completed. The joints are popping apart and we have leaks throughout the crawl space. I was told a builder is responsible for improper installation for life. We have to replace all the waste plumbing in the home. Also have a concern this could be throughout the whole... View More
No. North Carolina has a 6 year statute of repose for faulty construction. That typically runs from when the certificate of occupancy was issued for the home. You would have to be both within the 3 year statute of limitation and the 6 year statute of repose to seek recovery from the builder. You...View More
We are subs on a job in NC. The GC, from out of state, needed extra work done, which we did on good faith basis without making them sign a change order before we did the work. Now they are saying since the change order wasn't turned in by a certain timeline, they don't want to pay it... View More
It would probably be best to have an attorney review the contract before providing you advice on this question. Generally speaking, the terms of the written contract are enforceable. I think ultimately the contractor would have to show some prejudice that occured due to the failure to submit on a...View More
No, you are not required to sign a Confession of Judgment. However, the creditor may require it as a condition to allowing you to make payments over a long term. Please contact an attorney discuss this issue before proceeding.
Floors are uneven, windows were installed improperly and leak every time it rains. Builder dodging my questions and giving us the run around. Saying someone will come fix, sends someone out to take measurements, then nothing happens. We’ve had at least 6 different people come out to look at the... View More
The statute of limitations for a contract is three years. However, there is also a statute of repose in North Carolina of six years for faulty construction. At the very least, you should given written notice to the builder of any issues that have arisen or that are warranty issues.
this judgement has been in existence since 2008, I thought it was no longer there, when I did not see it on my credit. I am in the process of purchasing a home. The clerk at the courthouse said I could pay it off or make payments. Is there a way I can contact the Law firm that this judgement was... View More
Do not payment the judgment or make payments. If the judgment was entered in 2008, it has expired, unless the creditor filed an action to renew the judgment for an additional ten years. If the judgment was renewed, meaning there should be a new judgment with a more recent date, then you do need to...View More
It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... View More
It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might...View More
The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?
I fired a contractor and cancelled the contract because his work was shoddy, did not meet code and he was not performing. We paid a deposit of $850. The total contract is for $1,650. He only performed a very small part (removing existing stairs). He said I'm in breach and owe the balance... View More
If the contract was terminated, the contractor is entitled to the reasonable value of his services. It is unlikely that the remaining balance due on the contract would be due to the contractor. Yes, you can file an action in small claims to recover the difference between what you paid and what the...View More
We were contracted by a new customer to provide a skilled service and materials for a project. The new customer is a multi million dollar company in NC. We are a 4 person small business in NC. We fulfilled our end of the agreement, but the customer now says they can't pay us (they can't... View More
You can certainly pursue a claim against the company for balance due. Based on the amount, I would suggest filing a small claims action. It will have to be filed in the county where the company is based and you will have to present for the hearing. Otherwise, it would have to be filed in District...View More
Back behind the house on the lot is a big hill of dirt from which I guess the builder was excavating. He put pine straw all over it. The neighbor (house built by the same builder) has had damage to his well kept yard, he had to spend $5000 to build a trench from the water runoff, not to mention... View More
If you don't own the property, then there can be no suit against you. However, if you do purchase the home and it is a condition on your property that is creating an issue for your neighbor, there may be a claim. Since you are in the process of purchasing the home, you should resolve this...View More
The North Carolina General Statutes contain the information that needs to be on your lien form. Its set out almost in a form in the statute. See 44A-12. However, I would recommend an attorney as the lien process can be complicated.
My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... View More
I own a home in Raleigh NC. In March I hired a property manager to begin renting the home out. This week they told us they found a qualified tenant but before they allow the tenant to sign the lease they want to amend our contract with them which would entitle them to a 2 % commission on the sale... View More
I received an email that my security deposit would be mailed out that week. Then a month later I was sent a bill stating I owed for damages. I was sent the itemized bill 48 days after the end of my lease.
A landlord has 30 days to issue an itemized statement regarding the application of the security deposit and/or return any unapplied security deposit. However, if the landlord's damages are not fully known in that time, they have to issue an interim accounting and then a final accounting within...View More
My GC is claiming items (specifically exterior doors) are not covered in the contract because their installation is referred to under the payment section (ie payment #4 of X dollars required when doors in existing house are installed), rather than in the top section of contract listing type of... View More
Based on the information provided, installation of doors is included in the contract. If he doesn't install the doors, then he wouldn't be entitled to the payment that is contingent upon that work being performed.
We received the motion to claim exemptions paperwork from the sheriff on the same day we paid the balance of a judgement debt. I called the creditor's lawyers and they state our balance is zero and they won't be moving forward with any further collections processes but that it will take a... View More
It doesn't seem as if there is any need to file the motion. The creditor's attorneys have confirmed that the balance is zero. Not sure how you paid, but if it was to the Court, then you should have a receipt. If you paid the attorney's office, then your cancelled check is proof of payment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.