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North Carolina Construction Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for North Carolina on
Q: What type of Lawyer can help us with a bad Pool construction/install job?

We had a bad 24' round above ground salt water pool installed. The contract shows a 1 year warranty for workmanship. The owner refuses to contact us or remedy the defective pool construction. We paid over 10K and the pool is falling a part. The liner fell out within the first season, which was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

Unfortunately it sounds like the warranty has expired. You need to find a lawyer experienced with consumer cases and construction cases to review the contract you signed and get the specific facts from you. Unless you have proof of defects appearing in the first year and that you brought these... View More

2 Answers | Asked in Business Law, Civil Litigation and Construction Law for North Carolina on
Q: If I was 2 hours away from being done I called and the home owner told me to not come back and he kept my tools and didn

Didn't pay me . Told me he would press charges if I contacted him . I priced the job at $3,000 I was only 2 hours from being done the next day of when I called the next day he complained and told me not to come back now he refuses to pay for the work that has been completed

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 24, 2023

Send the homeowner a demand letter for the amount owed for work done so far and the value of the tools that he has in his possession. State that he may return the tools to you within 5 days and if he returns them in the same condition they were in with no damage, he will still owe you $x for the... View More

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1 Answer | Asked in Construction Law for North Carolina on
Q: The waste plumbing was improperly installed in our home from the builder. They did not prime the joints.

I had a professional inspection completed. The joints are popping apart and we have leaks throughout the crawl space. I was told a builder is responsible for improper installation for life. We have to replace all the waste plumbing in the home. Also have a concern this could be throughout the whole... View More

Paige Kurtz
Paige Kurtz
answered on May 12, 2023

No. North Carolina has a 6 year statute of repose for faulty construction. That typically runs from when the certificate of occupancy was issued for the home. You would have to be both within the 3 year statute of limitation and the 6 year statute of repose to seek recovery from the builder. You... View More

1 Answer | Asked in Business Law and Construction Law for North Carolina on
Q: What is the maximum late fee in NC for home improvement invoices.

Customers get in no hurry to pay final invoice payments. Can I add late fees to invoice and if so how much?

Will Blackton
Will Blackton
answered on May 2, 2023

North Carolina courts have generally held that late fees must be reasonable and not excessive, and should generally relate to the actual damages suffered by the contractor for late payment. If you plan to add late fees to your invoices, you should make sure that the fees are clearly disclosed in... View More

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Reasonable time for a contractor to complete a very small addition to an existing structure.

In May 2022 I signed a contract with a builder where no completion time is fixed in the contract. This contract involves adding on a small office space, approximately 250 square feet to the existing structure of my home. The contractor verbally agreed to a completion date of September 2022.... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

What is considered "reasonable" may vary. For example, if you had to order specialty materials and delivery was affected by the recent supply chain issues, a year might not be extremely unreasonable. However, the fact that the completion date was only agreed on verbally means that you... View More

1 Answer | Asked in Consumer Law and Construction Law for North Carolina on
Q: My elderly mother had a walk-in shower installed. Work was non- ADA compliant, not code, and horrible quality.

Had to be torn out and replaced by another company.

First company is an LLC. No written contract. Estimate only. Checks were payable to the owner's name.

Can she sue the LLC in small claims court?

Should she sue the individual who is the LLC owner and to whom the checks were payable?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 4, 2023

Is your mother willing to go to court personally and argue her case? Is the owner/representative of company number 2 willing to attend small claims court with her and testify against company no 1? Are your mother and the representative of company no. 2 willing to travel to the county where bad LLC... View More

2 Answers | Asked in Construction Law and Contracts 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
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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... View More

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2 Answers | Asked in Construction Law and Contracts 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 ?
N'kia (NLN)
N'kia (NLN)
answered on Mar 23, 2023

The general rule in North Carolina is that a person who provides contracting services without the required license is not entitled to be paid for those services. Essentially, the contract for those services is illegal and, therefore, unenforceable.

However, there is an exception to this...
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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... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for North Carolina on
Q: Can I sue the developer that sold me a building lot with poor soil?

I purchased a building lot in a known subdivision from the developer of the subdivision in the City of WinstonSalem(North Carolina). After the contractor dug for the footing , the footing city inspector asked for a soil test. We hired a soil test engineer and we discovered the soil was not suitable... View More

Ben Corcoran
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Ben Corcoran
answered on May 13, 2024

Without reading the contract, I can't answer this, but it will likely not be easy to prove. You must prove that the seller knew of the condition and had a duty to disclose it.

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... View 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... View 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... View More

Ben Corcoran
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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... View More

Ben Corcoran
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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... View 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... View 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
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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... View More

Ben Corcoran
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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... View More

Ben Corcoran
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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... View 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... View 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... View 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 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... View 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... View More

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