When Are Your Subcontractor's Employees Your Employees?
In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more
4/12/2017
/ Arbitration ,
Commercial Leases ,
Construction Industry ,
Employee Definition ,
Foreclosure ,
General Contractors ,
Independent Contractors ,
Joint Employers ,
Jurisdiction ,
Limited Liability Company (LLC) ,
Piercing the Corporate Veil ,
Property Tax ,
Subcontractors
COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS -
In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more
1/10/2017
/ Anti-Alienation Provisions ,
Color of Title ,
Condominium Associations ,
Easements ,
Foreclosure ,
Forfeiture ,
HELOC ,
Impact Fees ,
Life Estates ,
Public Entities ,
Real Estate Development ,
Refinancing ,
Subordination Agreement ,
Vacation Rentals
A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina -
Money -
FORECLOSURE: -
Lender...more
5/11/2016
/ Acceleration ,
Arbitrators ,
Blue Pencil Contract Modification ,
Breach of Contract ,
Collateral Estoppel ,
Contaminated Properties ,
Damages ,
Eminent Domain ,
Foreclosure ,
Late Payments ,
Lenders ,
Mandatory Arbitration Clauses ,
Mechanics Lien ,
NC Supreme Court ,
Real Estate Market ,
Receivership ,
Subcontractors ,
Subordination Agreement ,
Takings Clause ,
Venue
Inverse Condemnation:
Nies v. Town of Emerald Isle, COA15-169 (November 17, 2015). The Town of Emerald Isle established a beach nourishment project extending the mean high water mark seaward, and regulating vehicles...more
MONEY:
GUARANTORS CAN NOW RELY ON G.S. §45-21.36 VALUE DEFENSES -
By statute in North Carolina, G.S. §45-21.36, certain obligors may defend a deficiency action where the bank is the successful bidder by arguing...more
5/12/2015
/ Accelerated Payments ,
Commercial Loans ,
Deed of Trust ,
Deficiency Judgments ,
Eminent Domain ,
Extortion ,
Foreclosure ,
Guarantors ,
Loan Modifications ,
Mortgage Lenders ,
Negligence ,
Property Valuation ,
Real Estate Development ,
Statute of Frauds ,
Unfair or Deceptive Trade Practices