Attorney Fees in North Carolina Business Contracts and Collection Cases

Although the American legal system generally requires that parties bear their own costs, including attorney fees, North Carolina does provide the ability for a court to include attorney fees as part of a judgment in certain situations.  Some of these situations include construction contracts relating to contractor and subcontractor lien statutes, unfair and deceptive trade […]

Personal Guarantees on Commercial Contract Collections

For many startup businesses, it can be impossible to obtain credit without offering a personal guarantee of an owner or officer. If the business is not successful, and cannot pay its debts, this guarantee can come back to haunt the owner or officer. Most creditors’ attorneys will file suit on a breach of contract claim […]

North Carolina Punitive Damages Law

You are probably familiar with the phrase “punitive damages,” but you may not quite understand what it means and the types of cases where such damages are available. In North Carolina, the majority of controlling law is found in Chapter 1D of our General Statutes. The Raleigh civil litigation attorneys of Maginnis Law are familiar with the provisions […]

Raleigh Business Litigation Attorneys

a woman about to sign a document while someone hands her a pen with one hand, and money in the other hand

Whether you are the sole member of a small limited liability company or the president of an international corporation, the chances are that you will eventually need the assistance of a seasoned business litigation attorney. The Raleigh business litigation law firm of Maginnis Howard represents dozens of local, national, and international business, including companies involved […]

Successor Liability Against Shut-Down and Dissolved Small Businesses

In the construction industry it is fairly common to see subcontractors, general contractors, or builders shut their corporate entity down, only to emerge shortly thereafter as a new entity performing the exact same tasks, often from the same location, and with the same phone number. Joe’s Heating and Air becomes Joseph’s Heating and Air with […]

North Carolina Contingency Fee Attorneys

Do you need a lawyer but may not be able to pay an hourly fee? The majority of people who are forced to consider filing a lawsuit have been severely financially impacted by the possible defendant. In the time they need a lawyer the most, they have the least ability to pay. On an hourly basis, […]

North Carolina Commercial Creditor Attorney

Whether you are a startup or an established company with hundreds of outstanding accounts receivable, the collection of AR and other unpaid debts is a major factor in the success of your business. Failure to collect on accounts can leave you scrambling to meet your own financial obligations, including payroll, taxes, and other employee expenses. […]

Using IRS 20 Factor Test to Assist in Employment Disputes

The question of whether a business’s workers are employees or independent contractors is a common issue for Wake County small businesses.  A worker’s employment status creates numerous potential litigation exposures including tax liability for employee withholding wages as well as civil suits under the Fair Labor Standards Act and/or the North Carolina Wage and Hour […]

Recovering Indemnity Under North Carolina Law

If you own businesses – whether small, medium, or large – indemnity and contribution are important facets of North Carolina law which you should understand. These theories entitle a defendant in a civil law suit to reimbursement for part or all of any damages paid to the Plaintiff. Such reimbursement can be recovered from co-defendants […]

Damages Recoverable in a North Carolina Breach of Contract Lawsuit

overhead view of two people signing an agreement

It should come as no surprise to North Carolina business owners that in a breach of contract dispute, a party can recover funds which are due and owing to the company under the contract.  There are, however, some additional damages which a party can recover in a contract lawsuit.  If you have a breach of […]