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North Carolina Construction Law Questions & Answers
0 Answers | Asked in Construction Law for North Carolina on
Q: What is NC law regarding home builder not following through with what they stated in an email regarding construction

I requested the air conditioner unit be placed on the side of my home. The builder stated that the air conditioner unit had to be on the back patio to be inside my property and not the common area. And that the ones across from me were going to be moved to the rear patio’s. I closed on my home in... Read more »

0 Answers | Asked in Real Estate Law and Construction Law for North Carolina on
Q: So we closed on our house 4 weeks ago. The house was a flip. There are many issues do we have recourse

Plumbing leaks electrical issues crawl space issues decking not up to code

0 Answers | Asked in Contracts and Construction Law for North Carolina on
Q: A contractor damaged plumbing in my house. It’s an old house and plumbing doesn’t meet current code.

A contractor damaged the water main in my house that cause several failures in the plumbing of the rest of the house. It’s an old house and the plumbing doesn’t meet current code. The cost of replacing the damaged component is about $500 but to redo it to bring it up to code is $2000. Is the... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: I hired a licensed general contractor to build my house. He let his license expire. Do i owe him money ?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

Whether or not you owe the general contractor money would depend on the terms of your contract with them. If your contract specifically required the contractor to maintain a valid license during the course of the project, and they failed to do so, you may be able to argue that they breached the... Read more »

1 Answer | Asked in Consumer Law, Construction Law and Civil Litigation for North Carolina on
Q: A national company made damages to my ceiling and floor . Who do I list as the defendant? The local or main office?

The main office is out of my state. The local office did the work. I found out the plumber that did the work is not personally licensed but working under the license of the company.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 25, 2022

If the local office is a franchise and separately incorporated, you sue them. If they are part of the main company, you sue the main company. To be cautious, you sue both. Please note that you cannot sue the out of state company in Small Claims court. You have to file in District Court if the... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for North Carolina on
Q: What kind of lawyer can help if a contractor attempts to sue me to get additional payment for work not requested?

A contractor charged an additional $8000 to replace his mistake. I believe such a miscommunication is not my fault, but would be willing to agree to a compromise at 1/2, but not pay the entirety since he did such a poor job with replacement. Its going to cost me an additional $8k to fix his poor... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

You need an experienced civil litigation and construction attorney. Some debt collection defense attorneys have experience defending these kind of lawsuits. If the contractor placed a lien on your property and is seeking to enforce that lien and sell your property, you need someone familiar with... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for North Carolina on
Q: If a home has 2 dogs which are constantly outside, do they need a fence between our houses? Legally speaking.

We have issues with our new neighbors as their fence is between our properties and its in a very bad shape, their dogs constantly pushing the boards towards our yard and we're worried they will end up yet again in our yard as they already did before. No civilized communication is possible with... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 11, 2022

Without research into your local ordinances and codes, I can't answer whether or not a fence is required. But I would be surprised if it was. However, failure to keep the dogs on their property would likely be considered a trespass and could be punished under criminal or civil sanctions.

1 Answer | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for North Carolina on
Q: In NC is it a Breach of Contract if your home Builder building on your lot, stops building, and extorts you for money?

Builder has provably breached contract multiple ways & attempting to now extort us by stopping work & attempting to bilk us out of money for materials purchased to FIX their negligece. They are doing so under the false pretense that this is lumber covered in the contract as "lumber... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 1, 2021

Without seeing all of your paperwork, no lawyer is going to be able to give you an informed opinion. Take everything to a local lawyer and have them look it over.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for North Carolina on
Q: So I hired a contractor to build a pergola on my patio. I paid the down payment of $3775.00 and no work what can I do?

After 2 different reschedules, no show no call on the third reschedule. I had to track down information and I find out the owner was closing business financial problems this was on August 30. I have yet not received any paperwork from a lawyer stating he has filed bankruptcy. I went and file... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 7, 2021

There is no time limit on filing bankruptcy. He could wait years to do it, if he ever even files. There is, however, a time limit on you filing a civil suit against him for breach of contract and fraud. If you were to sue him in the county where the work was performed you would have to file the... Read more »

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1 Answer | Asked in Construction Law for North Carolina on
Q: Can I sue my builder for not repairing the stairs before closing? He refuses to redo the stairs and seed the acre like

The contract states. He says it was seeded but me or my realtor do not see it was done. The stairs were not properly stained. How can I sue him. It took him 13 months to finish our build.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 2, 2021

Without reading the contract, I cannot give you specific advice, but it does sound like you have a case, call a local lawyer and see if you can set up a consultation.

1 Answer | Asked in Construction Law for North Carolina on
Q: How do we pursue a settlement against Lowes for kitchen remodel valued at over $30,000 paid for in full 8 months ago

Lowes sent an unlicensed installer to our house to rip out and install new kitchen cabinets and hood vent system. Various breaches of contract including massively subpar work, theft from our home, dangerous living conditions, multiple violations of code, all needs be ripped out and start over . It... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Apr 13, 2021

Talk to a local lawyer and start the process of filing a lawsuit, this will have to be in superior court and I would not attempt this without professional legal representation.

1 Answer | Asked in Construction Law for North Carolina on
Q: New construction home how much time is considered reasonable notice to delay closing by the builder?

We were informed on Feb2 our closing date was feb 26 and final walk thru Feb 19. Additionally we were told to order the appraisal and secure our loan for the purchase date of Feb 26

The appraiser completed the appraisal and we secured our loan with a 38 day lock and submitted our 30 day... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Feb 19, 2021

I would have to read your contract with the builder to be able to fully answer this question, but I suspect that it is silent on it. Generally, reasonableness is determined on a case-by-case basis and is a question for the jury.

2 Answers | Asked in Construction Law for North Carolina on
Q: Can GC refuse to pay a change order if the work was performed but the change order wasn't turned in by a specific time?

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... Read more »

Paige Kurtz
Paige Kurtz
answered on Feb 12, 2021

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... Read more »

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1 Answer | Asked in Construction Law and Real Estate Law for North Carolina on
Q: How long is the builder liable for faulty construction on a new house? Purchased August 2020, lots of structural issues.

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... Read more »

Paige Kurtz
Paige Kurtz
answered on Dec 29, 2020

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.

1 Answer | Asked in Construction Law and Consumer Law for North Carolina on
Q: My contractor is saying there is a law in NC for a 50% percent deposit for remodeling. Is this true?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 5, 2020

There is no such law requiring a minimum 50% deposit. You will find the following information about hiring a contractor: https://www.nclicensing.org/consumerAwareness.asp (copy and paste the link into your browser).

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Hi, I entered into an agreement to purchase a modular with a stick built roof from a local GC. They initially requested

They requested a deposit of $1000 and in the agreement it says I agree to buy a home. The salesman told me this locks in my material costs for 30days. I hadn't closed on my existing home sale at the time and he told me not to worry everything would get going within 30 days. Lender he... Read more »

David Allan King
David Allan King
answered on Oct 28, 2020

It's difficult to say without doing a full consultation that includes reading the contract and getting more information. However, as a general matter, a successful breach of contract claim will include the cost of lost profits. This is because the court is trying to put the plaintiff in the... Read more »

1 Answer | Asked in Construction Law for North Carolina on
Q: Can I sue the builder for removing my Lawn

Recently moved to a new house. The community is new and the builder just started work on the lot beside my house. He removed 18inch lawn from my property thinking that it belongs the other lot with out even asking me or checking the plot map. Can I sue the builder for what he has done? he said he... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2020

A North Carolina attorney could advise best, but your question remains open for four weeks. The decision to sue is yours to make. You mention wanting to take legal action, but your description mentions that the builder expressed a willingness to fix the damage. Depending on the dimensions of your... Read more »

Q: I want to avoid having the trees that separate my yard and my neighbor's yard cut down or removed. Is there a way?

They've been there for well over 50 years now and they provide shade and privacy for our yard. We haven't had any issues until new city folk came in and started disturbing land and removing things around the tree line. I just want to keep the trees.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Oct 6, 2020

It depends on whose side of the line the trees are on. If the trees are on their property, they can remove them, and there is nothing you can do about it. If the trees are on your property, then they are not allowed to interfere with your property.

If you have any questions about where the...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Do I have a case against the builder of my house for the work they subcontracted out?

We built our house approximately 6 years ago and we have had several issues with the AC system since we moved in. The builder of our house used a subcontractor for our AC system. We have repeatedly reported issues about our system over the years and they kept sending out the subcontractor to fix... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 29, 2020

You have a "statute of repose" issue. If it has been six years or longer, even if you did have a claim against your general contractor, it is too late to sue.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: Cancelled contractor's contract and he is threatening me with breach of contract.

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... Read more »

Paige Kurtz
Paige Kurtz
answered on May 29, 2020

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... Read more »

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