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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 
A written agreement was signed between two parties that there would be no payment to that person if they were no longer with the company. Payments were made after they left in act of goodwill after talking verbally about it. Payments stopped and now the party wants to sue because a few payments... View More
answered on Jan 11, 2018
Its not necessarily about whether one is in writing and one is verbal. It will also depend on the terms of the written agreement and the circumstances around which payments were made to the person. You should certainly consult an attorney and have them review the written agreement to discuss your... View More
An notarized agreement was made between an individual owning a restaurant and two other individuals loaning that person money. The person who received the money has failed to make payments as listed in the agreement and is now past due. This individual now owes the couple more than what small... View More
answered on Dec 27, 2017
Contact an attorney who specializes in collection actions, preferably in the county where the debtor resides/their business is operated. You're in excess of the amount in controversy for a small claims action - it makes sense to at least reach out to an attorney to see if it's... View More
She says that it cannot hurt my credit if she misses a payment under the indemnity clause and that it is totally safe to me. Just wondering if this is true and what paperwork I’d need to do.
answered on Dec 21, 2017
Even if you sell the car, you still have a direct contract with the lender to make the payments on the car. That doesn't change even if the purchaser agrees to make the payments. If they fail to make the payments, the lender can still report a default and pursue you for the balance. You would... View More
a minor. The sellers now have to petition the court. What is the process and how long can it take?
Thank You
answered on Dec 12, 2017
I assume from your question that it has already been determined that the minor does have a valid interest in the property? If the deceased had a will, that is not always the case, which is why I am inquiring.
If the heir does have an interest, the sellers will have to include the heir in... View More
Can the seller force re-negotiation based on the new items that will be replaced
answered on Dec 12, 2017
The purchase agreement likely contains provisions concerning "acts of god" i.e., a fire, as well as requirements for modification or re-negotiation. Please consult your purchase agreement and/or an attorney to determine what rights and responsibilities both parties have in this instance.
I have heard 'Product Development Agreement' 'Manufacturing Contract' 'Supply Contract'. Which is most neccesary and should I have an Italian speaking lawyer draft it in italian ?
answered on Dec 8, 2017
The title of a contract is not as important as what's in it. What's in the contract will depend on your desires and requirements and the manufacturer's desires and requirements. If North Carolina law will control the document, English seems like a sensible choice; if Italian law,... View More
from a showing via free web posting that I thought was just to indicate the property was pre-market but soon would be available. My realtor is upset because I terminated early with the understanding that I wanted to wait a few months to relist. That was my intention, but now I have a decent offer.... View More
answered on Nov 30, 2017
It will depend on the language in your listing contract with the agent. However, even if this is all accurate and it was not your intent to harm the agent, they may never believe that and certainly could pursue you for what they believe is a breach of contract. There is no reason why you can't... View More
Legally separated 2 years, have filed for divorce, have not divided marital property. Want to move back into house until we can sell the property and divide our assets. Other Spouse is not willing to share the space or assist in other housing for me. Legally can I move back in without him... View More
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answered on Nov 30, 2017
There is no such thing as legally separated - in NC one is either simply separated or they are not. If you are not living in the same residence and at least one of you has the intention not to resume the marital relationship - you are as legally separated as you ever will be. So while trespass... View More
answered on Nov 27, 2017
You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.
answered on Nov 1, 2017
The answer is that it depends. It is possible to terminate most contracts depending on their terms. However, if the other party has made preparations to perform the contract, such as buying materials, etc. then the termination causes them damages and you would be liable for those damages.
Am i liable to a demotion or punishment within the company.
answered on Oct 30, 2017
Unfortunately, there is not enough information in your question for an answer to be provided. It will depend on the facts of th issue and the written contract.
I drew up the contract myself and put the 30 day stipulation in it, it was signed by both parties and notarized.
answered on Oct 26, 2017
If the written terms of the contract require payment within 30 days, it appears that the party would be in default. Without more information, it is not possible to answer more fully.
We were asked by a home owner to help with a massive clean up to make a dead line for a company that leases the property's .
we have a contract for vacation rentals general cleaning with the lesser but the agreement with the owner was verbal.
More than 20 witness know we did... View More
answered on Oct 19, 2017
I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.
Thank you for your help. I forgot to add that another section of the contract states: "Down payment for design retainer in the amount of $1500 to be paid at the onset of project. Invoicing shall be based on the accumulated hourly rate & the retainer will be withdrawn from bi weekly... View More
answered on Oct 18, 2017
You are likely to be able to make a case that the other party has breached the contract, but it is probably best to attempt to resolve it without litigation. I believe the failure to produce the bi-weekly invoices, particularly upon request, is likely a breach.
I asked for invoices / cost updates several times and was ignored. We wanted to stop work on the design if it started going over a certain price. We finally receive a first invoice 2 months after signing the contract and it is almost double the retainer amount. We would have stopped work on the... View More
answered on Oct 18, 2017
This language is fairly ambiguous. I am not sure that you could establish a breach but it is an argument to be made. If the contract didn't place a cap on the services, that could make it more difficult. However, they also failed to respond to your inquiries which shows that you were actively... View More
Company repossessed my car last night on the 13 found out from sheriff's office can they do that or is that a breach of contract
answered on Oct 16, 2017
If you are not in default of the contract, the vehicle cannot be repossessed. There may be other terms of the contract that can cause a breach other than missing payments. Things like the failure to insure the car probably cause a breach of the contract, but it will depend on the terms of the... View More
A few weeks ago I received a speeding ticket and rather than pay the fine I was able to opt for community service. Today I was looking at a loan application which has the question "Are there any outstanding judgments against you". I still have about 8 hours left of community service to... View More
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answered on Oct 12, 2017
What they are likely referring to by 'judgments' are any civil money judgments not criminal community service judgments for a minor traffic ticket.
and receive a judgment but all of our assets are joint. Will they be able to collect ?
answered on Oct 10, 2017
Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy... View More
The credit card company did take out a judgement though the courts.
answered on Sep 20, 2017
If the credit card company has obtained a judgment against you, it can use real or personal property to satisfy the judgment. Once the 30 day appeal period passes, if the creditor is going to pursue collection of the judgment, they must send out Notice of Rights to you. This will include a Motion... View More
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