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North Carolina Contracts Questions & Answers
1 Answer | Asked in Contracts for North Carolina on
Q: Is there a way to legally terminate a fencing contract when they didn't complete the work?

We signed a contract 5 months ago, they installed everything but the gates and 39' of fencing. They are not communicating with us and have failed to finish the project. It's a safety issue to not have the gates and we'd like to install them ourselves at this point. Can we legally... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that this happened to you. It is good that you asked prior to doing anything. It is always important to look to the contract first. Basically, look at your contract and see if there are provisions governing when the fence must be installed, when your payments must be made, and... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Is there an option to cancel a purchase contract when dealing with a used car at a used car dealership?

Purchased a truck and less than 24 hours later started having mechanical issues. As of right now I still haven't had the vehicle for 24hrs. Is there a time frame where I can cancel the contract?

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

The first place you should look is your purchase contract with the dealership. See what rights and obligations you have regarding the purchase. If you have an option to return the truck, or have the dealership repair it, the purchase contract should outline your rights.

If the contract is...
Read more »

1 Answer | Asked in Contracts, Personal Injury, Cannabis & Marijuana Law and Civil Rights for North Carolina on
Q: I have reported a problem with the leasing office about the new neighbors and how my apartments smells like (weed)

They have not done anything about it and i have a seven year old. it comes from the bathrooms and all in the apartment.. it seems to be coming from the venting system. i spray light candles ect. What can i do about this? im worried about my child and myself

Jonathan Shbeeb
Jonathan Shbeeb answered on Sep 1, 2020

I am sorry to hear that you are experiencing these problems. As for ensuring the landlord does something, the first place you should check is in your lease. I would not be able to tell you whether you have the right to enforce certain prohibitions in your lease, such as a smell penetrating your... 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 Contracts for North Carolina on
Q: We signed a reconstruction contract on 6/18/2020 ( insurance claim). Can we cancel this contract. No work has started..

No work has started on this claim and we would like to look at other options on getting our bathroom room put back together. The company wants to be paid for labor and material cost and expensed incurred as of the date of termination, plus the company's fees of 20% of the entire scope of the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

You should have an attorney review the contract you signed and look into any applicable laws that may be in your favor. A quick review by an attorney will be less expensive than what the contractor is asking for.

My response provides only general information and is not intended to provide...
Read more »

1 Answer | Asked in Contracts, Health Care Law, Estate Planning and Collections for North Carolina on
Q: Can the hospital really take my father’s home for payment of 7 days In the hospital with no insurance?

My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Small Claims for North Carolina on
Q: If someone cancels a live event bc of COVID and makes it a virtual event, do you have the right to your deposit back?

They marketed it as a completely new event, changed the price, and refuse to offer deposits back. They have offered other options such as transferring it to next year, pay for the new event, or lose your deposit. It seems pretty reasonable that you should get your money back if they cancel an... Read more »

Jonathan Shbeeb
Jonathan Shbeeb answered on Jul 15, 2020

This new world comes with new problems. Without knowing about the event, the terms and conditions related to the deposit, or any agreements you have with the event, it is very tough to give you an answer. An example may help. If you bought an airline ticket and your flight was canceled due to... Read more »

1 Answer | Asked in Business Formation, Business Law, Consumer Law and Contracts for North Carolina on
Q: How can I protect myself from the customer suing me?

Hi I have a marketing business where I put up Facebook ads and connect contractors with potential customers

My question is if the contractor breaks something, doesn’t fulfill the job, or the work is faulty and damages the home how can I protect myself from the customer suing me?

Phil Cardis
Phil Cardis answered on Jul 9, 2020

It would help to have a clear disclaimer in some form as to the limited role your marketing company plays in connecting contractors with prospects. Not sure what information you are using to market but best to disclaim those representations as well in some manner.

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for North Carolina on
Q: Do I owe my employer money she paid me during the pandemic ? Am I still even in a no competition contract ?

I signed a 5 year no competition contract with the promotion of a assistant manager Jan 1st 2018 . I moved to California for almost a year, then moved back to North Carolina . She hired me back I never signed anything when I moved back . Also now that she has let me go she is say I owe her the... Read more »

Kirk Angel
Kirk Angel answered on Jul 1, 2020

If you were an employee, and the money she gave you was for work you performed, it is not likely that you owe the money to her. If you were an employee, and it was not for work you performed, she might have a claim. If you were an independent contractor, the answer to the question would depend.... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: Wedding was cancelled due to covidWedding venue does not want to refund money from Covid-19 is there anything we can do?
David Allan King
David Allan King answered on Jun 23, 2020

The contract you signed may have a "force majeure" clause that explains what extraordinary circumstances void the contract. If the contract has no such clause, you may still argue:

- Frustration of purpose: when the purpose of the contract (for you) is destroyed by unforeseeable...
Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: My wife and I gave a $1000.00 deposit and signed a contract with Custom Homes of Carolina to build a house on May 14th.

Now we do not want to build with them. What are our options? It states that it is noncancelable!

Paige Kurtz
Paige Kurtz answered on Jun 5, 2020

The terms of the contract will determine your termination ability and rights, including how the deposit is handled. Review the contract for how to cancel the contract and follow those provisions.

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 »

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: May tenants refuse entry to landlord's vendors (for non-essential maintenance) to avoid contact with COVID-19...?

May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... Read more »

David Allan King
David Allan King answered on May 18, 2020

Questions of contract law almost always come down to "well, I need to see the contract."

However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.

They also usually have a Force Majeure clause that...
Read more »

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for North Carolina on
Q: What can a business do when a corporate customer chooses not to pay? Approaching 200 days past due. Written Contract.

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... Read more »

Paige Kurtz
Paige Kurtz answered on May 14, 2020

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... Read more »

1 Answer | Asked in Employment Law, Contracts and Construction Law for North Carolina on
Q: I need to file mechanic lien on a property i worked on and never got paid in haywood county nc. How do i get a form

Can i get a form for free or is buying one off deed.com for 19.99 the bedt way to get form

Paige Kurtz
Paige Kurtz answered on Apr 27, 2020

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.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: After esigning a lease renewal, and not hearing back from mgmt company, how long would we be entitled to cancel?

About a week after submitting a lease renewal, and not hearing anything back, we wrote asking the management company not to finalize. A few days later they responded saying they had already signed the document but just hadn't delivered it to us, and were not willing to release us from the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2020

I am not licensed in North Carolina so I cannot answer for them about what their statutes may say; but I can tell you that there is NO such federal law forcing the states or anyone else to provide a 3 day cancellation period for anything.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Can my property manager amend our contract to require a commission on the sale of our home?

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... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 6, 2020

No, you do not have to sign an amendment unless you are willing to change the terms of your original contract. They should proceed with the lease with the tenant.

1 Answer | Asked in Contracts for North Carolina on
Q: Can a company repossess during a state of emergency
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2020

The short legal answer to this question is yes. The short practical answer is yes, but they will probably will wait until everything settles down. But do not rely on them waiting.

1 Answer | Asked in Contracts and Child Custody for North Carolina on
Q: Is a paper signed an notarized about custody a legal document ? Without going to court

My son's mother is ignoring me about our son an i have a paper signed by her that is notarized saying nither one of us would keep him from each other what can i do?

Angela L. Haas
Angela L. Haas answered on Feb 27, 2020

You'll have to go to court, to either enforce the contract under a breach of contract action, or file for custody in court to get a Custody Order. The other issue is, if only she signed it and you did not, there is no contract unless you can prove that she signed it in exchange for something... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Does it matter if an item to be completed in a building contract appears in top itemized section or under payments?

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 »

Paige Kurtz
Paige Kurtz answered on Feb 19, 2020

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.

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