It is well publicized that the single most common complaint about lawyers is a failure to communicate. Communication is a two-way street and provides much fodder for contemplation. Representing a number of different corporate entities provides an interesting view of the diverse policies corporations have once a case is sent to a lawyer. Some clients send us a case, but continue working the case as well. Other corporations have a …Read More
Business planning is an important topic to business owners. Most business owners are focused on getting things done so that their businesses can make money. While it is this full steam ahead mentality and drive for success that makes entrepreneurs successful, going forward without a plan can cause problems. On occasion, we all need to slow down, write down some goals and establish a plan. Doing so can make a …Read More
On March 15, 2011, the North Carolina Court of Appeals set aside a decades old mechanic’s lien standard when it held that a bank’s active deed of trust subjected it to lien on funds responsibilities. The decision threw a shockwave through the North Carolina construction law community. Six months later, the court strangely reversed itself and reinstated the decades-old understanding that a construction lender is not typically subject to lien …Read More
In North Carolina, a personal guaranty or any other promise to answer the debt of another must comply with the “statute of frauds”. In other words, in order for a party to sue another on a personal guaranty, there must be a written instrument containing a special promise to answer the debt, signed by the party against whom the personal guaranty is sought to be enforced. While most personal guaranty …Read More
As a business owner, how do you classify the people who work for you? Are they independent contractors or employees? The classification is important and can be scrutinized by the Internal Revenue Service (IRS) and others. The distinction between an employee and an independent contractor is important for several reasons. The following are a few areas of importance: Impacts tax liability Impacts liability Impacts workers compensation issues Many times, as …Read More
