Construction Law
Construction projects are complicated at all stages. With so many moving parts, disputes are prevalent. To gain and maintain a foothold in the industry, you need an attorney with a concrete understanding of all the complexities.
Our team can offer insight in matters related to any of the following:
- Delay and Extra Work Claims
- Real Estate Disputes
- Negligence Claims
- Defect Claims
- Surety Disputes
- Indemnity Claims
- Insurance Coverage Disputes
- License Defense
- Mechanic’s Liens
- Warranty Claims
Build a Strong Legal Foundation
Construction is all about structure, and so is the law. To be successful, you need to know who you’re working with and what’s at stake. Our attorneys think ahead to anticipate pitfalls before they cost you a fortune. Here’s how Lincoln Derr can lead the way.
Contract Review
Consider this the blueprint of your business relationship. We’ll dig through the details to make sure you’re on sound footing for what lies ahead.
Risk Assessment
Every project has its own occupational hazards, and it’s our job to help you keep them to a minimum. We can help you boost your bottom line and prevent cost overruns by mitigating unforeseen expenses.
Enforce Your Framework
Even well-constructed buildings need maintenance every now and then. The same holds true for construction law. Sometimes, owners fail to pay, and work isn’t completed to spec. At Lincoln Derr, we can help you take the necessary legal steps to protect your interests, whether it’s reviewing an indemnity clause or helping you claim a lien. Protecting what’s rightfully yours is what we do.
Resolve Disputes Effectively
Construction cases often involve million-dollar transactions and complex subject matter. Lincoln Derr has proven effective in cases of this magnitude through a steady focus on the details and courtroom prowess.
Case Management
Our attorneys are powerful litigators, and we know what to expect. We’ll arm you with best- and worst-case scenarios for each case, so you can be prepared. And we’ll find the best venue for resolution, whether that’s inside or outside the courtroom.
Defect Claims
Our attorneys know there is more to a defect than meets the eye. Our collective expertise gives us an advantage when crafting a legal defense because we’ve been there and done that, and we know where to find the answer.
Construction Law: Featured News & Podcasts
January 14, 2022
Case Study: Construction Law
By Tricia DerrIn a court of law, the richest person in the room doesn’t always win. Take, for instance, the case we fought — and won — involving a wealthy developer from the North Carolina coast who was turning a large tract […]
Read MoreThought Leadership Series
Case Study: Construction Law
In a court of law, the richest person in the room doesn’t always win.
Take, for instance, the case we fought — and won — involving a wealthy developer from the North Carolina coast who was turning a large tract of land into a neighborhood. The project was guaranteed by his personal fortune. When the project went under, that fortune was suddenly on the line.
Construction Law FAQs
When should a contractor have a license in North Carolina?
General contractors in North Carolina need to pay close attention to the cost of their projects. By and large, if a contractor will be constructing or managing a project that costs $30,000 or more, they are considered a “general contractor” under the law, and they need a general contractor’s license. A subcontractor who is retained by a properly licensed general contractor is not required to have its own general contractor’s license. However, subcontractors may be required to have a license for their particular trade, including for example, an electrical contractor’s license to perform any electrical work.
Can a subcontractor claim a lien on real property in North Carolina?
Yes, in North Carolina, a subcontractor has two general options for asserting a lien on real property if all requirements are otherwise satisfied. First, they can step into the shoes of the general contractor and assert a subrogated lien. Second, if a subcontractor has asserted a lien upon funds and that is not honored, the subcontractor can assert a lien on the property for the amount of the funds that were improperly paid.
How long is a contractor liable for defects in North Carolina?
Generally, most construction defect claims will be subject to a three-year statute of limitations. This means that most claims must be filed within three years of the date that a defect becomes apparent, or should have become apparent, to the claimant. Because some defects may not become apparent for many years, the North Carolina legislature has also enacted a six-year statute of repose to create a firm deadline beyond which no claim may be filed. This generally requires that any claim arising out of an alleged construction defect must be filed within six years of the last act or omission of the defendant, or substantial completion of the project. These general rules may be subject to exceptions, for example, where an express warranty has been made that extends beyond the six-year statute of repose.
Will my insurance cover a claim for faulty work?
This depends on the language of your insurance policy and the specific facts at issue. However, most commercial general liability (CGL) policies do not provide coverage for claims that are merely the result of poor workmanship. Most CGL policies will only provide coverage if your work has resulted in personal injury to someone or damage to property other than your work. If you have been accused of faulty work, it is important to review the terms of your CGL policy to confirm whether CGL coverage may be available and timely report any claims to your insurer.