Latest News

EMPLOYEE OR CONTRACTOR? NORTH CAROLINA CRACKS DOWN ON EMPLOYEE MISCLASSIFICATION

WHAT YOU NEED TO KNOW ABOUT THE EMPLOYEE FAIR CLASSIFICATION ACT Employee misclassification is the practice of misclassifying an employee as an independent contractor to avoid tax liabilities and other obligations.  The recently released 2020 Annual Report from the North Carolina Industrial Commission shows that the Employee Classification Section of the Commission processed 5,129 employee …

EMPLOYEE OR CONTRACTOR? NORTH CAROLINA CRACKS DOWN ON EMPLOYEE MISCLASSIFICATION Read More »

CONSTRUCTION DEFECTS FROM THE CONTRACTOR PERSPECTIVE: MISTAKES WERE MADE, BUT WHO PAYS?

You’re confronted with the bad news: it didn’t pass inspection, or it’s clearly wrong.  So, who fixes it and who pays?  The general contractor?  Subcontractor?  Are the architect or engineers responsible? Generally, a contractor who followed plans and specifications furnished by the owner, or the architect or engineer hired by the owner, will not be …

CONSTRUCTION DEFECTS FROM THE CONTRACTOR PERSPECTIVE: MISTAKES WERE MADE, BUT WHO PAYS? Read More »

Can I Recover My Attorney’s Fees in North Carolina and South Carolina?

Almost all attorney-client conversations about a possible lawsuit end with the same question: How can I recover my attorney’s fees? In certain situations—particularly in the construction industry—the state legislatures in North Carolina and South Carolina have set forth requirements that must be met for litigants to have the opportunity to seek recovery of their attorney’s …

Can I Recover My Attorney’s Fees in North Carolina and South Carolina? Read More »

Why Professional Licensed Contractors should not “DIY” their own Contracts

With the popularity of Home remodeling television shows, abundance of online “DIY” videos, and easy access to home improvement stores, it’s tempting for home owners to want to “DIY” their next home remodeling project.  A property owner sees a nice picture and the outcome of a project in a video, but they usually do not …

Why Professional Licensed Contractors should not “DIY” their own Contracts Read More »

Do you Know Your Lien Rights?

All contractors, subcontractors and design professionals need to know how and when to assert their lien rights to increase the likelihood of being paid for their work.  A valid lien is often the only difference between getting paid in full and not getting paid at all.  When a contractor, subcontractor or design professional performs work …

Do you Know Your Lien Rights? Read More »

construction image

ATTORNEYS’ FEES ON BUSINESS CONTRACT LITIGATION IN NC

Are Attorneys’ Fees Spent on Litigating Business Contract Disputes Recoverable in North Carolina? Traditionally, parties to a business contract dispute were unable to recover their attorneys’ fees, even if the parties agreed otherwise, because no North Carolina law specifically allowed for the recovery of attorneys’ fees.  The law dramatically shifted when, in 2011, the North …

ATTORNEYS’ FEES ON BUSINESS CONTRACT LITIGATION IN NC Read More »

Contract Agreement

Mediation vs. Arbitration – What is Alternative Dispute Resolution (ADR)?

A courtroom trial is not the only way to resolve a legal dispute.  Even if parties are actively litigating a case through the traditional court system, parties can attempt negotiation and settlement by using alternative dispute resolution (“ADR”).  Mediation and arbitration are the most widely used ADR methods because they are generally confidential, less formal, …

Mediation vs. Arbitration – What is Alternative Dispute Resolution (ADR)? Read More »

Scroll to Top