Proper Placement of Construction Liens by Raleigh Subcontractors

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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. In our first blog on this amendment, located here, we discussed the two methods for subcontractors to assert lien rights on property […]

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 […]

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 […]

Raleigh Small Business Civil Litigation Attorney

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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 […]

Unenforceable Contract Clauses and Other Business Litigation Disputes

Certain clauses in breach of contract matters, particularly in construction agreements, have been found to be per se illegal under North Carolina law. It is important for business owners, general contractors, and individuals entering into agreements with larger national entities who use standard form contracts to be aware of these contracts which violate public policy […]

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 […]

Protection Against Unlicensed Raleigh Contractors

Homeowners in Raleigh, Cary, Holly Springs and the rest of the Triangle have faced damage from this year’s tornado, hurricanes, and other severe weather.  There are many home repair contractors seeking to do construction work resulting from these storms; not all are licensed and reputable.  North Carolina law protects homeowners from unlicensed contractors on jobs […]