April 2010

Lien Waivers Can Have An Unexpected Result

By James Vann

April 30, 2010

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In construction cases, lien waivers are generally used as requests for payment are made. Caution is the word when dealing with lien waivers. In a recent case decided by the North Carolina Business Court, (Wachovia Bank vs Superior Construction Corp.) the Court interpreted a lien wavier against the general contractor. In this case, Wachovia was the lender and Superior Construction was the general contractor. The project was a condominium complex …Read More

Filing Annual Reports with the N.C. Secretary of States Office

By James Vann

April 8, 2010

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The North Carolina Secretary of State’s Office recently mailed out “Notices of Grounds of Administrative Dissolution” to businesses which lacked one or more filed annual reports. As you are probably aware, business corporations and limited liability companies which are approved to conduct business in the State by the N.C. Secretary of State are required to file annual reports with the Secretary of State. Being delinquent on filing the annual reports …Read More

Winds of Change: Green Business Opportunities on the Horizon

By Chad Cochran

April 1, 2010

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Regardless of your politics, your business can benefit from green projects throughout North Carolina.

−Winds of Change: Green Business Opportunities on the Horizon

A movement is underway, and there is money to be made. The trends are undeniable. A “green economy” is rapidly developing in North Carolina: Public utilities are investing in wind, solar, and nuclear resources. Green businesses are opening as we speak (e.g., biofuel production in Charlotte; solar hot water heater facilities in Black Mountain; and new age home insulation in Asheboro). The State of North Carolina is constructing a massive …Read More

So, You’re Growing Your Business? (What to know about Employee Hiring and Handbook Policies)

By Cody Loughridge

April 1, 2010

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Once the employer has selected the new employee, it is recommended (though not required), that the employer furnishes the new employee with an employee handbook.

−So, You’re Growing Your Business? (What to know about Employee Hiring and Handbook Policies)

While it may seem to make the most “business sense” for an employer to select a potential employee based on the employee’s qualifications alone, the employer is not required by law to do so. For the most part, an employer is permitted to hire any potential employee they desire, regardless of whether other applicants are more qualified for the position. There are, however, certain personal characteristics that an employer is …Read More

Federal Courts and the Construction Industry

By Nan Hannah

April 1, 2010

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First, the Trustee is allowed to recover funds the debtor has paid out in the magic time period above what a creditor would have received in a pro rata distribution of assets to an unsecured creditor in the Chapter 7.

−Federal Courts and the Construction Industry

For the construction industry, the federal courts continue making it more difficult to provide positive customer service. On March 16, 2010, the United States District Court for the Eastern District of North Carolina affirmed a decision of the Bankruptcy Court for the same district in Kiddco v. Callaway. The Kiddco decision, following closely on the heels of the United Rentals decision, bolsters the longstanding Precision Walls decision by affirming that …Read More