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Tag Archives: Contractor

Civil Practice – Summary Judgment – Motion to Continue – Tort/Negligence — Real Property – Contractor – Renovation (access required)

McMillan v. Ryan Jackson Properties, LLC The hearing on the defendant-contractor’s summary judgment motion was conducted on July 7, 2011, five weeks after plaintiffs were notified that the contractor’s project file was available for pick-up. Plaintiffs offered no explanation for their three-week delay in picking up the project file. Five weeks was a reasonable time for plaintiffs and their expert to retrieve and examine the contractor’s file in order to discover any evidence which could be used to oppose the summary judgment motion. We find no abuse of discretion in the trial court’s denial of plaintiffs’ motion to continue.

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Contract – Breach of Contract – Unfair & Deceptive Trade Practices – Directed Verdict – JNOV – Negligence (access required)

Ford v. All-Dry of the Carolinas, Inc. (Lawyers Weekly No. 11-16-0429, 24 pp.) (John C. Martin, C.J.) Appealed from Superior Court. (Dennis J. Winner, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The plaintiff ...

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NCBA section takes on ‘arduous task’ of updating lien laws (access required)

With so many diverse and competing interests, it's been difficult to get a consensus on how to do something everyone agrees must be done: Change the state's lien laws. Nan E. Hannah (pictured), head of the N.C. Bar Association's Construction Law Section, said recent bankruptcy decisions, economic factors, concerns in the title industry and other issues led the section to "take a really hard look at the lien law" this year.

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Practical Litigator: Who’s responsible for an injury at an unsafe workplace? Could be anyone

Construction accidents frequently give rise to third-party tort claims. Given the number of entities involved on major construction projects, the chances of identifying a culpable party that is not protected by the exclusive remedy provisions of the workers' compensation act are rather good.

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