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I need to find a lawyer who specializes in Construction

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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: 6 months ago.Category: Consumer Protection Law
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Customer reply replied 6 months ago
I did not see a response
Answered in 1 day by:
8/3/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8,383
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?

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Customer reply replied 6 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 6 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?

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Customer reply replied 6 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 6 months ago

I see. One moment.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 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?

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Customer reply replied 6 months ago
Time is beyond 3 yrs, perhaps nothing can be done at this point
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 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?

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Customer reply replied 6 months ago
No, maybe best course now is to contact NC referral service. Thank you
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 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.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 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.

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Category: Consumer Protection Law
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