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North Carolina Construction Law Questions & Answers
1 Answer | Asked in Business Formation, Contracts and Construction Law for North Carolina on
Q: How we can negotiate with contractor to finish the project?

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... Read more »

Paige Kurtz
Paige Kurtz answered on Jul 18, 2017

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... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation, Collections and Construction Law for North Carolina on
Q: Am I required to give my full name, address, along with a copy of my license just to receive payment for hours I've work

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... Read more »

Kirk Angel
Kirk Angel answered on Jun 28, 2017

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.

On a...
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1 Answer | Asked in Construction Law for North Carolina on
Q: If you were remodeling a home and paid money, can the owner hold your tools if she is unhappy and wants her money back

I was paid portial money upfront to do a remodeling job but the homeowner and I have a disagreement and now she is holding my tools until I return her the money she's paid me as a deposit

Paige Kurtz
Paige Kurtz answered on Jun 26, 2017

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 »

1 Answer | Asked in Construction Law for North Carolina on
Q: Under NC law, what percentage of the total estimate of a new residence does one give to the contractor
Paige Kurtz
Paige Kurtz answered on Jun 20, 2017

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 »

1 Answer | Asked in Legal Malpractice, Construction Law and Contracts for North Carolina on
Q: My lawyer did not claim damages ($97,000) that I had asked him to claim. I had a vacation rental that I was unable to

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... Read more »

Will Blackton
Will Blackton answered on Jun 3, 2017

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...
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1 Answer | Asked in Child Custody and Construction Law for North Carolina on
Q: What are legal rights to get paid for work you have done without a signed contract if you left job unfinished?
Paige Kurtz
Paige Kurtz answered on May 23, 2017

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 »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: In the state of NC under a cost plus contract for building a home , what items are permitted to be INCLUDED under costs

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 ?

Paige Kurtz
Paige Kurtz answered on Mar 28, 2017

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.

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Q: NC. Is there a % limit to deposits for materials in Cost Plus building contract ?
Paige Kurtz
Paige Kurtz answered on Mar 28, 2017

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 »

1 Answer | Asked in Employment Law and Construction Law for North Carolina on
Q: Is my non compete binding?

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 »

Paige Kurtz
Paige Kurtz answered on Mar 27, 2017

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... Read more »

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: If a homeowner signs a contract for renovations and are not provided addendums to the conract is the home owner liable?

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 »

Paige Kurtz
Paige Kurtz answered on Feb 14, 2017

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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