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 that was...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 based...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 builder;...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 drainage...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 hasn't been... 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 or... Read more »
Contractor says he has no responsibility to inform client that cost will be higher than estimate. Contract claimed cost plus 20%. We provided detailed RFP, and have have written (email) estimate. At no time where we informed (verbally or in writing) of any unforeseen problems or advised of any cost... Read more »
It will likely depend on the language of the contract as to whether the increased cost is valid. If that comes in an e-mail with no other terms, your oral statements could also potentially be a part of the contract. If the contractor did not state that this was an estimate or the actual costs may...Read more »
Hi. We live in Concord NC. We signed a contract to build a new parking lot. The disign was signed and approved by the city. We paid the 88% already to the contractor and he didn't finish the job correctly. We talk all together with the engineer to let him know what he has to fix up. The engineer is... Read more »
The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can terminate...Read more »
I haven't been paid for hours I've worked since 3 weeks ago, and the boss always says he's going to pay me tomorrow or the coming week with no effort what so ever. He's constantly ignoring my calls or messages because he knows I'm asking about my money and now he wants me to send him my full name... Read more »
If you are an employee, North Carolina wage and hour law governs this. The law requires the employer to establish a specific pay date and must pay you on that date. There seems to be no legal reason for you not to be paid. If you are not an employee, then the law does not apply.
Technically no, there is no right to retain your property without an agreement to do so. If you just need to recover the tools, you can file a small claims action to recover the property. If you are still owed money on the contract, you likely could also handle that in small claims. Of course, the...Read more »
There is no law that specifically covers this issue. Contractors and parties are free to contract for whatever amounts they wish and the law will generally enforce those contracts. That said, there is usually a profit margin of 10-20% for profit, above the costs the build the home. It also depends...Read more »
Rent out for 2 years because a person put a lien on the home. He did construction work that did not pass code and he refused to bring up to code so I didn't pay him. I couldn't rent the home for 2 yrs. My lawyer claimed neglect not loss of income so judge wouldn't allow financial info. brought... Read more »
Your lawyer is in the best position to determine what claims should be raised in a pleading. You should talk with your lawyer and ask if he mistakenly omitted a claim, or determined, in his professional opinion, that a claim should be omitted.
To answer your question: ask your lawyer if...Read more »
You have the right to get paid for the work that you performed. It is not necessary that it is in writing. However, if the homeowner must hire someone to complete the job and/or repair your work, they can offset those payments against any monies owed to you. So, if it costs more for the homeowner...Read more »
For example : building permits ? Also , all contracts I assume carry an obligation of " good faith and fair dealing". But in a Cost Plus because the financial leverage is in the builders favor , is the level of responsibility "ratched" up , toward fiduciary ?
What is included in the costs is a function of what the parties negotiate to be above and beyond the contractor's fee. There is no set law or statute on this. There is unlikely to be any fiduciary duty from the contractor to the homeowner whether is a cost plus contract or fixed amount.
There is no limit by law, but it should be a negotiated sum between the homeowner and contractor. Generally, deposits should be limited to around 10% of the contract price, but this also depends on the remaining pay schedule. Contractors typically ask for deposits for material costs. However, if...Read more »
I am a construction superintendent for a multi family builder, but we build the apartments for the same company who then leases the units. I bring that up, due to I have no contact with customers or trade secrets. Also the NCC states that I cant work in any counties for one year where the company... Read more »
Generally, non-competes are valid if they are reasonable with respect to time and geography. The time limitation in your non-compete is short, but the geography is potentially large and this inverse relationship is generally valid. But, the clause about "plans on owning property" probably would be...Read more »
Addendums.were requested numerous times by the homeowner with no addendums from contractor. We paid the contracted amount as per the contract in full. The contractor is now asking for random amounts for things he did extra over the contracted amount. We have asked for detailed breakdiwn of... Read more »
There is nothing wrong with requesting documentation of additional work performed and the authorization to perform that work. If the work was not authorized, then generally, he would not be able to collect from you. However, there are other legal theories under which an argument could be made to be...Read more »
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