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 »
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 »
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 »
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... Read 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...Read more »
'Good question. The test is generally more about "constitutionality" than reasonableness. The Supreme Court has the power to deem laws unconstitutional, under certain tests it applies. If you're interested in learning more about this concept, research terms along the lines of:...Read 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 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... Read 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.
I hired a GC in August (with a written contract) that had an estimated timeline of 6 weeks to completion. It went well in the beginning, but he began to demand advances, which we naively provided via credit card. He continued to demand advances, threatening to walk if we didn't pay, while... Read more »
In building our home, we asked for some enhancements that our contractor turned down because they wouldn't pass NC Code. One enhancement we asked and paid for, he did build. He built this without telling us it wasn't up to NC Code. Who is responsible for the repair to bring the item up to code?
For work completed she claims it’s not right however we have tried to make things right and make her happy she won’t let us on property she says we needed a license and permits which is false what grounds do we have to get paid for work completed
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.
As I understand it, general contractors in NC are not required to be licensed for construction contracts under $30,000. Does that apply for any subcontractors the general contractor may hire to complete the overall construction contract / project?
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...Read more »
We purchased a home that was completed in Mar 2018 in January 2019. Although it is a new home, we are the second owners. So we purchased it from the original owner and not the construction company. Because of this, we were told they would not extend the 1 year builders warranty to us, and it... Read 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...Read more »
We have email communication and I have pictures he has changed price there times and now wants to be paid and the work is not finished and def not acceptable - no written contact - only verbal - myself and wife were w him on all conversations only is three - have pics - but he has filed a small... Read more »
Doing something like that could possibly lead to further legal problems. There aren't many details here about the underlying contract and transactions between you and the contractor. Whether you choose to try to resolve the matter through direct negotiations with the contractor or through an...Read more »
I don't practice in North Carolina but your question hasn't been picked up in four weeks. Based on the limited facts here, a North Carolina attorney would likely have further questions, in terms of how the determination was made that it was the contractor's workmanship or materials...Read more »
I am from out of state and plan to move to Apex, NC at the end of the year. I visited briefly and found what looked to be a perfect new build townhome. I didn’t have time to see the lot. They said it’d have trees behind it (great view). They sent a picture and retention pond was not in view. We... Read more »
The answer to your question will depend, in large part, on the language in the agreement you signed. In addition, it's possible the pictures you were given and the representations made before you signed the contract could come into play, as well. It's conceivable that you have a defense...Read more »
We bought our lot from Mr. xxxx last year and he offered to build our home for us. He showed us several homes in the neighborhood and in the Hendersonville area that he built. Because of this we assumed he was a licensed contractor. All of our dealings with him, from when we first contacted him... Read more »
Getting your arms around this dilemma is going to be complicated and will require the assistance of a licensed attorney, preferably someone in your geographic area who is experienced in both construction law and litigation.
It sounds like you technically had a "contract" with the...Read more »
I had developer build house for us and we occupied 1/25/2017. The front yard has significant drainage issues and developer said they would fix it. This hasnt happened. How long should I give them and what court should I sue them in?
The short answer to your initial question is: Maybe. There is a chance you'll be able to sue the developer or possibly the contractor who built the home. You'll need to review the contract; plus when you receive a home like this there may be a warranty of habitability that the failing...Read more »
We bought a house in june, went directly to a roofing company to have a new metal installed. We paid a deposit of $8700 and went into contract stating the remainder would be paid in payments. He verbally told us it would be done by July 4th. It's now almost February and the job still... Read more »
Contracts can generally be terminated by either party, depending on the terms of the written contract. However, unilaterally changing a contract is not appropriate. There roofer is allowed to sell his business. The question becomes whether you have anyone to collect from if you were to sue for the...Read more »
Agreement was to do all 3 units. Have been paid for completion of 2. Materials are on site for 3rd, that I had ordered. Owner is satisfied with quality of work but says he can have 3rd done faster by migrant crew. Does he have to honor our agreement?
Unless you have a written contract that does not allow for termination, the contract can be terminated. However, the owner would be responsible for paying you for materials already purchased and any other costs you incurred in preparing to perform the 3rd building. There may also be other damages...Read more »
Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother... Read more »
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