Yes, your damages are any monies paid to the contractor for work not performed. Also, the difference between the costs you were paying this contractor and the costs to fix and/or replace.

The contractor is responsible for any work performed by them and is also responsible for constructing in a manner that is in compliance with the North Carolina Building Code.

Depending on how much you are owed, you could pursue the matter in small claims court. The maximum allowed is $10,000. Also, contractors that have provided materials and labor to property may have lien rights against the real property.

Any subcontractors hired by the general contractor should be performing work included in the scope of the general contractor's contract. Thus, the general contractor's contract would have to exceed $30,000 if the sub's contract exceeds $30,000.00. Subcontractors work under the... View More

Any property that is in your name can be seized by the sheriff and sold to satisfy the judgment. This is not a private sale, but an auction. There are many steps that have to be completed before the creditor gets to this point and you may have exemptions available to you that might protect the... View More

It will depend on the original contract between the homeowner and the builder as to what warranties exist. Any issues that arise that are a result of faulty construction could potentially be brought against the builder within six years of the original work. Your contractor is probably thinking of... View More

As a co lessee you have all the the same rights as the other lessee.

At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.

The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object... View More

No, you may not withhold rent in North Carolina. You will need to follow the terms of the lease in giving the landlord proper notice of the issue. If it is not resolved, you can sue the landlord for not complying with the lease and/or North Carolina Statutes.

You may not withhold rent. If the landlord is not complying with the law, you will need to file suit against the landlord to enforce the obligations that the landlord has under the law to provide a unit that is livable.

If the contract has not been fully performed and the contractor is in default, it is possible to terminate the contract with the appropriate notice (if required by the contract). Not sure I understand how the deposit works or why it would come back to you, but would need additional information to... View More

Yes, you should proceed with your small claims case. The contractor would only be allowed to retain monies for work actually performed and based on the reasonable value of the services. Its fairly unlikely that the pictures would be valued at your deposit. Be prepared to present your case to the... View More

If the debt has not been paid, the credit company or whomever owns the debt can file legal action against you to collect the debt. If that occurs, you should consult with an attorney to discuss your options.

Yes, anyone that signed the contract to be responsible for the car loan can be pursued for the balance due.

Yes, non-competes are generally enforceable in North Carolina. However, there are certain requirements and it is also a fact-specific analysis. You should certainly have an attorney review the non-compete before taking any action.

Contracts can be in writing (some are required to be in writing) or oral. Oral contracts are valid. So, its really a question of whether you agreed to pay the 20%. If not, then you don't have to pay it, but that doesn't mean that person won't pursue you to collect the amount.

You should absolutely consult with an attorney as this is a breach of contract by the general contractor. It sounds as if there may also be issues with the contractor's licensing and you may need to address that as well. Locate an attorney that handles construction law issues and get some... View More

In order for a non-compete to be valid, there must be some consideration. Usually, the consideration is in conjunction with the employment itself. Unless they provided you with some consideration other than the employment, it would not be valid.

Non-compete clauses are valid in North Carolina. However, they must be in writing and have other requirements. If you don't have a written non-compete clause, then there is no prohibition against competition.