Subcontractor Rights to Exercise a Lien Waiver

As of April 1, 2013, North Carolina Gen. Stat. § 44A-23 – the statute that sets forth the manner in which subcontractors can exercise lien rights on lien property – has been modified slightly. One change relates to the impact of a lien waiver by the general contractor. The current version of the statute eliminates […]

Sovereign Immunity under North Carolina Law

Just like corporations, governmental entities can be responsible for mistakes that cause serious personal injury, property damage, or financial loss. Regrettably, governmental entities in North Carolina are by default immune from damages for certain types of conduct. This means that even if you are injured or sustain serious financial loss due to the negligence of […]

Subrogation Lawsuits by Homeowner’s Insurance Companies

Homeowner’s insurance policies provide coverage for a wide range of “occurrences,” including: fires, collapsing roofs, water damage from burst pipes, and other incidents which require thousands of dollars to remediate. If the homeowner’s insurance company believes it has paid on a claim where the occurrence was caused by the negligence of a contractor, it will […]

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 Construction Site Wrongful Death Attorney

Construction site accidents are an unfortunate but relatively common occurrence in North Carolina. In many of these accidents, the injured party is an employee of one of the contractors. If the employee only suffers minor injuries, he or she will typically only pursue a workers compensation recovery. However, for more devastating construction site injuries and […]

Delays in Construction Contracts

In North Carolina residential and commercial construction contracts, it is extremely common for there to be frustration stemming from delays in the performance under the contract. In construction litigation, “time is money” is a true statement, and parties can be held responsible if they have caused delays resulting in monetary loss to the owner, contractor, […]

Raleigh Small Business Civil Litigation Attorney

overhead view of two people signing an agreement

The Raleigh civil litigation attorneys of Maginnis Law represent a variety of small to medium size businesses. The law firm’s clients include companies involved in construction, staffing, international trade, automobile repair, telecommunication, food service, land development, entertainment, and technology. To speak with a Maginnis Howard small business attorney regarding legal representation for your company, call […]

Subcontractor Recovery Against Surety on Payment Bond

Subcontractors on public projects and some private projects may be able to look past the general contractor, first tier sub-contractor, or even the developer who fails to make required payments under their construction contract.  When the general contractor claims to not have the assets to make these payments, subcontractors can look to the party with […]

Insurance Recovery Under CGL Policy for Property Damage

Homeowners, building owners, general contractors, and sub-contractors often hope to rely on commercial general liability policies to protect everyone from problems with faulty construction work or materials.  Although insurers try to exclude such damages from coverage, North Carolina law does provide some protection to the insured contractors and the damaged property owners through their insurance […]

Problems with Construction Liens in Oral Agreements

Another reason for contractors to have express written contracts in their agreements with homeowners, businesses, general contractors, and subcontractors: Although you still may be able to recover for the work performed, there is a risk of losing the contractor’s most important protection: their lien rights.  Contact the construction litigation lawyers at Maginnis Law, PLLC at […]