Lawyers, Answer Questions  & Get Points Log In
North Carolina Construction Law Questions & Answers
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 »

1 Answer | Asked in Real Estate Law and Construction Law for North Carolina on
Q: potential neighbor stated he will sue us for what builder has done.

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 »

Paige Kurtz
Paige Kurtz answered on May 12, 2020

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 »

1 Answer | Asked in Construction Law and Consumer Law for North Carolina on
Q: How does the constitution prevent Congress from passing unreasonable law
Tim Akpinar
Tim Akpinar answered on Apr 30, 2020

'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 »

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 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.

1 Answer | Asked in Contracts, Construction Law and Small Claims for North Carolina on
Q: Can I sue my GC for damages?

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 »

Paige Kurtz
Paige Kurtz answered on Feb 19, 2020

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.

1 Answer | Asked in Construction Law for North Carolina on
Q: Who pays for repairs for something not up to NC Code?

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?

Paige Kurtz
Paige Kurtz answered on Jan 27, 2020

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.

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: We were hired at closing to repair a shower pan put up insulation and a moisture barrier homeowner will not pay a penny

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

Paige Kurtz
Paige Kurtz answered on Jan 3, 2020

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.

1 Answer | Asked in Construction Law for North Carolina on
Q: Do electrical and pluming subcontractors working under a general contractor require to be licensed?

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?

Paige Kurtz
Paige Kurtz answered on Dec 30, 2019

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 »

1 Answer | Asked in Construction Law for North Carolina on
Q: How much of a warranty do home builders have to provide on newly constructed homes?

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 »

Paige Kurtz
Paige Kurtz answered on Aug 19, 2019

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 »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: handyman priced a painting job verbally-has not finished it-suing me for more than the price is there a limit ? Options?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

Stop asking strangers on a law blog if NC law will solve this festering problem and hire an NC lawyer instead. You will be glad you did.

1 Answer | Asked in Construction Law for North Carolina on
Q: My builder walked off the job.

My builder/framer walked off the job leaving us with thousands in repairs. Can I put a sign on my property naming him and the fact he left and is not standing behind his work.

Tim Akpinar
Tim Akpinar answered on Feb 8, 2019

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 »

1 Answer | Asked in Construction Law for North Carolina on
Q: can I sue vinyl siding contractor for faulty work that has rottted my house
Tim Akpinar
Tim Akpinar answered on Dec 18, 2018

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 »

1 Answer | Asked in Construction Law for North Carolina on
Q: Company failed to disclose retention pond behind new construction of townhome. Can I get out of the contract?

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 »

Jake Andrew Snider
Jake Andrew Snider answered on Jun 1, 2018

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 »

2 Answers | Asked in Construction Law for North Carolina on
Q: Our builder walked off the job leaving us with thousands of dollars work that needs to be corrected.

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 »

Jake Andrew Snider
Jake Andrew Snider answered on May 30, 2018

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 »

View More Answers

1 Answer | Asked in Construction Law for North Carolina on
Q: Can I sue developer for not completing front yard drainage a year later?

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?

Jake Andrew Snider
Jake Andrew Snider answered on Apr 19, 2018

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 »

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: Business contract

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 »

Paige Kurtz
Paige Kurtz answered on Jan 26, 2018

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 »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: I have a verbal agreement to replace roofs on 3 units. Completed 2. Owner wants 3rd done by another crew. Can I stop it?

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?

Paige Kurtz
Paige Kurtz answered on Jan 25, 2018

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 »

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for North Carolina on
Q: What kind of lawyer do I need?

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 »

Will Blackton
Will Blackton answered on Sep 25, 2017

You can't effectively evict someone verbally in North Carolina.

You should contact a lawyer who specializes in landlord-tenant and eviction issues.

Search through the find a lawyer directory on this website or contact the NC Bar Association Lawyer Referral Service:...
Read more »

View More Answers

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.