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Tag Archives: general contractor

Workers’ Compensation – Carrier on the Risk – Construction Project – Subcontractor’s Policy Cancellation – Agency – Ineffective – General Contractor – Failure to Obtain Certificate (access required)

Gonzalez v. Worrell Where the defendant-subcontractor’s insurer could not produce the green signature card from its certified-mail cancellation of the subcontractor’s workers’ compensation policy, the insurer failed to prove that it successfully completed the process for canceling the subcontractor’s policy set out in G.S. § 58-36-105(b).

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Contract – General Contractor – Claim of Lien – Order of Attachment – Control Analysis – G.S. § 87-10 (access required)

Signature Development, LLC v. Sandler Commercial at Union, LLC. Since the plaintiff did not exercise the requisite control over a development project to be considered the general contractor, the trial court erred in dismissing the plaintiff's complaint under Rule 12(b)(6) based on the plaintiff's failure to obtain a general contractor's license. The trial court did not err by dismissing the plaintiff's claim of lien where the claim of lien was based on a percentage of profits, not upon debts owing for labor done or professional design or surveying services or material furnished, as required under G.S. § 44-8. The trial court erred by dissolving the plaintiff's order of attachment because it did not make adequate findings under G.S. § 1-440.3 to justify doing so.

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Reversal sends suit over $2.3 million fee back to Union County (access required)

Charlotte attorney James B. Gatehouse of Rayburn Cooper & Durham said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, "I anticipate that this one will be tried," Gatehouse said of Signature Development, LLC v. Sandler Commercial at Union, LLC (Lawyers Weekly No. 10-07-1057, 33 pp.).

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