Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I need to find a lawyer who specializes in Construction

Customer Question
I need to find...

I need to find a lawyer who specializes in Construction cases. I currently reside in SC(Charleston) but my issue was in NC. I had a construction loan and the contractor was making routine draws from the bank that had approved our loan. As time went by, the contractor continued to request draws but was not paying the subcontractors. Work finally stopped and we had to dismiss the contractor. Eventually I found another contractor to finish the project but was left with 2 liens on the property. I have been told the liens should have not been placed on us but rather on the contractor(or his company). Also if there is action to be taken, is the9re a statue of limitations?

Lawyer's Assistant: Have you talked to a real estate attorney about this?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did contact a local attorney(friend of family). He attempted to contact the contractor. Actually it was his brother's company but our contract was on the brother's company letterhead. At the time the brother was working out of the country. The contractor never responded but a sister who lived at the company's address said the company was not responsible. My attorney friend did not think I would be able to get any financial satisfaction from the contractor who probably did not have any money. My issue is that I am paying for the work through the mortgage and had to hire another contractor to finish the work plus ended up with liens. Unfortunately the workers who did the work were never paid(hence the liens).

Submitted: 11 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Customer reply replied 11 months ago
I did not see a response
Answered in 1 day by:
8/3/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,416
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. Weather the property has a lien on it depends on the terms of the loan agreement with the bank. That's really going to be the biggest issue. If the bank said that should you not make the required loan payments, they were going to place a lien on your property, then then placing the lien on your property is not going to be illegal. However, this doesn't mean that you don't have a separate cause of action against the contractor. It appears to me as if the contractor was engaging in fraud, embezzlement, and breach of contract as well. Generally, the fraud and embezzlement charges are probably going to be issues that should be referred to the local District Attorney. Many times those that engage in this kind of activity or going to have to pay back their victims which would be your company.

You may also want to consider a class action lawsuit that includes all of the contractors that he was supposed to pay in addition to yourself. It's going to be difficult, but I would recommend finding an attorney in the area that can help you out. There's going to be a lot to untangle and I wouldn't recommend doing it yourself even though I usually recommend people doing things themselves.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the North Carolina LRS click here.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Ask Your Own Consumer Protection Law Question
Customer reply replied 11 months ago
The liens were not place by the lender, rather there are 2 separate ones, one from Well Drilling Co and another with individual who did clearing/excavation work. Is there typically a statue of limitation period?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago

Okay, I see what you mean. were these leans the result of a lawsuit? Also, when you talk about a statute of limitation period, are you talking about the statue of limitations to go after the contractor?

Ask Your Own Consumer Protection Law Question
Customer reply replied 11 months ago
Is there a limit on time to pursue action against the contractor. After a first attorney suggested he prob had no worth to pursue, I dropped effort. But a recent attorney suggested the liens should be placed against contractor's company and not us personally
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago

I see. One moment.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago

generally, the time limit to pursue an action against a contractor for breach of contract actions and fraud actions is 3 years under North Carolina law. Whether the liens should have been placed against a contractor, depends heavily on what was written into the contract. I wouldn't be able to tell you without spending a few hours looking over the documentation to either confirm or deny with the other attorney said. Regardless, I know that you have some causes of action against this contractor, But it's important that you get it done before the 3-year time limit. Did you have any other questions for me?

Ask Your Own Consumer Protection Law Question
Customer reply replied 11 months ago
Time is beyond 3 yrs, perhaps nothing can be done at this point
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago

Well, that's only if you decide to bring a lawsuit in court. But given that the guy appears to have no money, it may be better to try to get the lien off your property and onto him by checking your contract and using that to your advantage against the lien holders. Did you have any other questions for me?

Ask Your Own Consumer Protection Law Question
Customer reply replied 11 months ago
No, maybe best course now is to contact NC referral service. Thank you
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago

I see what you mean. I'm sorry about your situation. I wish you the best in getting justice. If you don't have any other questions, please feel free to rate your opinion of my service. Otherwise, best of luck to you.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,416
13,416 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,089 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,671 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,222 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

John

John

Lawyer

516 satisfied customers

Licensed and practicing attorney experienced in consumer protection law.

< Previous | Next >

Related Consumer Protection Law Questions
I was looking for where I log in, as I paid the free trial
I was looking for where I log in, as I paid the free trial middle of last week, and do have another question … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
773 satisfied customers
I agree to home renovation with a construction company which
I agree to home renovation with a construction company which they process a loan trough financial institutions which they approved the amount that they were charging me i agreed for the loan 3 weeks w… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
I am having problems with a contractor who will not pay a
I am having problems with a contractor who will not pay a subcontractor. The work was completed in October. The contractor were given $8600 via insurance payment up front to pay for costs related to t… read more
Bill Attorney
Bill Attorney
law
2,613 satisfied customers
I had oral discussion with a contractor by phone in which I
I had oral discussion with a contractor by phone in which I agreed for him to install foam insulation in my attic for $9,000 dollars. A few days later I called him by phone and cancelled the project a… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
We have been dealing with a bad repair project year. Our
We have been dealing with a bad repair project for a year. Our contractor (bonded only, no insurance) hired a sub-contractor restoration firm (bonded/insured). The sub-contractor accepted the original… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I had a contract home construction with a Builder in
I had a contract for new home construction with a Builder in New Jersey. My contract specifically states I am not responsible to hire or make payments to any Subcontractors. The builder did not pay a … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,089 satisfied customers
I fired my contractor hired to remodel my home after the rough
I fired my contractor hired to remodel my home after the rough framing, rough electrical, and rough plumbing were completed. While working with the contractor we also had a new roof put on the house. … read more
Attorney 1
Attorney 1
2,703 satisfied customers
I am looking for an attorney who specializes in construction
I am looking for an attorney who specializes in construction law. I recently fired my contractor for cause. He did not perform a lot of the work and much of it was done poorly. The fired contractor fi… read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
I have a general contractor who demoed and is rebuilding an
I have a general contractor who demoed and is rebuilding an addition onto our home, is finishing our garage, and has done/will do some work on the main portion of our home. Our contract stated that al… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Nationwide Pools did a pool build on our property- technically
Nationwide Pools did a pool build on our property- technically pool was completed on 3-18-13, however we have had a leak since day one and now our deck is caving in. Their Tampa office closed overnigh… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
We hired what we thought was a good builder in February of
We hired what we thought was a good builder in February of 2010. He promised that the house would be done in 6-8 months. He didn't start construction until August 30, 2010. We began to notice a lot of… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Hi,I have extensive home damage on a newly built custom home.
Hi, I have extensive home damage on a newly built custom home. The builder is unable to fullfill his warranty obligations per his contract due to financial issues. He has closed his business and start… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
14 satisfied customers
We hired a Landscape Designer over a year ago and initially
We hired a Landscape Designer over a year ago and initially he was eager to do deconstruction and initially eager to start reconstruction. It is now late Fall and it is getting more and more difficult… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,089 satisfied customers
Ive had a general contractor rebuilding my home since last
I've had a general contractor rebuilding my home since last june 2008 after a fire.It had been guttered.He's contract was to be finished 9/1/09.He now wants all the remaining money before he'll finish… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We had a contractor who took a draw out for the cost of building
We had a contractor who took a draw out for the cost of building materials to start our new house. The problem is he took out more money than he needed at the time. For ex. $8g for finished trim that … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
MY BUILDER MOVE OUT OF THE AREA AFTER WE WERE SUE BY A SUBCONTRACTOR
MY BUILDER MOVE OUT OF THE AREA AFTER WE WERE SUE BY A SUBCONTRACTOR . WE HIRED AN ATTORNEY BECAUSE WE HAVE EVIDENCE[CANCEL CHECK AND A LIEN WAIVER PROVIDED TO US BY THE BUILDER.]AT THE TIME WE DID NO… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We hired a GC to build our business property, he was paid in
We hired a GC to build our business property, he was paid in full for all work completed prior to our decision to terminate him-he was 5 months behind schedule and said it would be 3 more months - put… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I paid to have my house renovated (new roof, HVAC, windows,
I paid to have my house renovated (new roof, HVAC, windows, and electrical). The contractor subcontracted out all work. I paid the contractor $15,000 and he never paid the subcontractors and I have si… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x