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lwpat, Attorney
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North Carolina - Custom home, moved in 8/2011 - construction

Resolved Question:

North Carolina -
Custom home, moved in 8/2011 - construction not built to building code, NCDOI already found willful negligence, if warranty company and builder both hire engineers to look at foundation, is the homeowner entitled to a copy of the reports regarding thier home? Please reference law.
Submitted: 2 years ago.
Category: Business Law
Expert:  lwpat replied 2 years ago.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

Have you filed a lawsuit?
Customer: replied 2 years ago.

No, we have not. (yet) The plumber is on probation, the GC license is under review, but has yet to go to the board. The county inspectors have been found guility - we figured we would let the county / state get all the evidence first, it will help us in the long run. We have to go to arbritration first, but its been a nightmare, was out of the house for 3 months, back in now and just wanting to know if I can demand a copy of the builders and warrenty company's engineering reports at this point. I have already had 2 done, so I know that while the house is not failing, the cracks in the walls are becuase the load bearing piers are not under the load bearing walls, etc, etc, etc

Expert:  lwpat replied 2 years ago.
Since there is not a filed lawsuit you do not have the right to see the reports that the other parties have paid to have performed. Once you do file, you can require their production in the discovery process and you can even depose the party that did the inspection and wrote the report. You can certainly ask them for the information but you cannot legally compel them to comply until there is a lawsuit.
Customer: replied 2 years ago.

please reference G.S. regarding this issue, per my request.


Thank you

Expert:  lwpat replied 2 years ago.










There are not statutes that cover every situation. There is no statute that says you are not entitled to a copy when you have not filed a lawsuit. Once you file, discovery is under Article 5 of the Rules of Civil Procedure

http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0001A





lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience: Attorney with over 35 years of business experience.
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