Category Archives: tips

Contractor working in neighboring state? Read these blogs! (Tues Tip)

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glassesWant more construction law?  Want to read about case and statutory developments in other southeastern states?

Check out the Blogroll  for blogs written specifically by construction attorneys practicing in Virginia (Chris Hill) and Tennessee (Matt DeVries).

While you’re there, check out all of the other fine bloggers too.  There is a lot of good information being volunteered by folks across the nation to help you as you encounter legal issues in your construction business.

Am I missing somebody that I should include on the blogroll?  If so, let me know!

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Photo “366 * 139 * Taking off my glasses” by Pragmagraphr via Flickr/Creative Commons License.

Common Sense Tip: Don’t lose your cool when sued

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Common Sense credit cardDespite the vast number of legal shows on television, as you might suspect:  getting sued is not cool.

Immediately, when threatened with litigation, it seems like everyone and everything is out to get you.  Allegations in complaints can cut deep.  You may want to just bury your head in the sand.  Don’t.  Problems denied can turn figurative mole hills into mountains.   Here are three common sense tips for dealing with the initial shock of being named in a lawsuit:

1.

Run, don’t walk, to your attorney.  If you have insurance coverage, talk to your agent immediately to report the loss so that a claims attorney can be assigned to your case.  Court deadlines are not something to be missed, and so you’ll want to get professional help on your team asap.

2.

Immediately begin to gather all documentation relating to the Project.  If you have regular paperwork or computer deletion/destruction policies, stop them at once.  Notify everyone in your company that litigation is pending (or threatened) and place holds from any automatic or scheduled deletion of documents. 

3.

Make lists.  Your attorney will need all sorts of information about the Project, even stuff you may not deem relevant.  Making lists can get your attorney up to speed quickly and efficiently.   Lists may include:

  • a general timeline of your involvement with the Project and any key dates (Notice to Proceed, Substantial Completion, First notice of defects, etc)
  • a list of the Project’s players; that is, all companies that you know worked on the Project, their role, and their key employees
  • a list of your employees that dealt with the Project in any capacity, their contact information, and, if they are no longer with your company, whether or not they left on good terms

Ever been in litigation?  Tips you wish you had known right away?  Comment below.

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Photo adapted from “common sense” by Benjamin Gray via Flickr/Creative Commons/Share Alike.

The Attorney on your Shoulder (Tues Tip)

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cat on shoulderI once had a rather abrasive (okay, mean) driver’s education teacher.  He had to drive around all day, risking life and limb, with student drivers who had no clue what they were doing.  I think that would make anyone a little abrasive, so really, I don’t find fault.  However, one tip that he taught me was truly one of those “tips you remember”.  He told all his students that, no matter what else they took away from his class, they should imagine that he was always hovering at their shoulder, and they should drive accordingly. 

How does my drivers’ education teacher relate to construction law issues?

Just like my driver’s ed teacher’s tip for safe driving, today’s Tip is a simple one.  Indeed, perhaps you might even find it a bit silly.  But picture your attorney (and you do have one, right?) hovering over your shoulder when you go about the business of your work. 

Should I really write that offensive reply email while I’m so hot I could scream? Will this one day be used against me in a court of law?  Did I make sure to have a written contract before we started this project?  What should I do to avoid that costly mistake, and get that attorney off my shoulder?  If I set up documentation systems now, at the start of the project, and follow them consistently, will the attorney knock off the nagging?  You get the picture.  Plan for the worst and hope for the best, as they say. 

No one plans to be in a lawsuit.  But it happens.  Make sure that if it happens to you, you have the best chance of a favorable outcome.

If you would like to continue receiving these tips, please sign up for email delivery direct to your inbox.

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Photo “Shoulder cat sitting” by Oceanic (Drew Robinson) via Flickr/Creative Commons License.

Timing can be everything (Tues Tip)

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alarm clockIt is always easiest, cheapest, and surest to deal with legal issues right away.   Problems ignored are problems amplified.  A recent North Carolina Court of Appeals cases prove the point:

In the recent NC Court of Appeals case Meier v. City of Charlotte (Aug. 17th, 2010), the Court held that a zoning administrator’s determination could not be appealed because the plaintiff failed to appeal within the 30 days provided by law and, therefore the Board of Adjustment no longer had jurisdiction to hear the appeal.  The petitioners are left to live next to an (allegedly) 50 foot tall house.

This case demonstrates that timeliness is crucial to your case when dealing with the courts.  Don’t delay if you think you have a cause of action, because delay could mean you lose before your case even gets out of the gate.

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Photo  “Alarm Clock” by Freefoto.com via Creative Commons License.

Review your Deed Before you Build (Tue Tip)

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(Or, Reason # 529 why you need a lawyer)

A recent North Carolina case shows why you really need to consult with a lawyer before you build.  Deed of TrustIn the swanky Myers Park section of Charlotte, setback requirements were contained within property deeds, a hold over from the pre-zoning days of the early 20th century.   A $500,000 addition to a residence was built that violated the setback, and the Court of Appeals held that the neighbors were not enjoined from suing to force compliance even though they waited over two months (during which construction was substantially completed) to bring suit.

 The case is Irby v. Freese.  Of note, the homeowners built the addition without benefit of an attorney or architect, so the deed restriction was not noticed.

The Court of Appeals was only addressing the issue of undue delay in bringing the lawsuit, because a two month delay occurred during which significant sums were spent by the homeowners to dry in the building.  The Court held that, under the specific facts of the case, a two month delay was not fatal to the claim.  Stay tuned for further details, as the case is far from over.  It has been remanded to the trial court for a full trial.

And, be glad that this isn’t you.  This could prove to be a very costly mistake, in which the entire addition may have to be demolished because of the violation of the setback requirement contained in the property deed.

Read your deed.  Read your covenants. When in doubt, hire real estate counsel before you pick up the shovel.

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Photo “February 5, 2010- Paperwork” via Caitlin Childs via Flickr- Creative Commons license.