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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?
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... View 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... View More
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:... View 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... View More
answered on Aug 7, 2017
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... View 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... View More
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... View 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... View More
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... View More
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
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... View More
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... View 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... View More
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... View More
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... View 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 ?
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.
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... View 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... View More
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... View 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... View More
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... View More
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