FAQs

We offer legal services at a variety of different fee rates and structures, depending on the complexity of the matter, the estimated time that will be required, and whether the matter involves novel issues of law or is substantially similar to other cases we have handled.

We generally do not charge for a brief telephone phone consultation of twenty minutes or less, if the primary purpose of the call is to determine whether there are sufficient grounds to proceed with legal action or whether we have appropriate expertise to assist a client. If you are interested in scheduling a more in-depth consultation or wish for us to review and offer opinions on legal documents, we will discuss an appropriate consultation fee with you that will be due at the time of service.

Most real estate-related legal services (including simple landlord-tenant matters) will be billed on a flat fee basis, with payment expected at the time of closing or resolution of the transaction. A fee schedule is available upon request.

We do bill by the hour for drafting of custom real estate documents. In addition, we will almost always bill on an hourly basis for construction and civil litigation matters. We generally require advance payment of a refundable retainer prior to making any type of court appearance. We generally do not charge for a brief telephone phone consultation of twenty minutes or less, if the primary purpose of the call is to determine whether there are sufficient grounds to proceed with legal action or whether we have appropriate expertise to assist a client. If you are interested in scheduling a more in-depth consultation or wish for us to review and offer opinions on legal documents, we will discuss an appropriate consultation fee with you that will be due at the time of service. Most real estate-related legal services (including simple landlord-tenant matters) will be billed on a flat fee basis, with payment expected at the time of closing or resolution of the transaction. A fee schedule is available upon request. We do bill by the hour for drafting of custom real estate documents. In addition, we will almost always bill on an hourly basis for construction and civil litigation matters. We generally require advance payment of a refundable retainer prior to making any type of court appearance.

Closing practices vary widely from state to state. In North Carolina, certain key components of closing any real estate transaction -- including a loan refinance secured by a lien on real estate -- are still defined as the practice of law, and as such must be performed by a licensed North Carolina attorney.

While a non-lawyer is permitted to present closing documents to a prospective buyer, seller, or borrower for signature, only a lawyer may answer questions regarding the legal significance of these documents. In addition, numerous other important services (such as providing opinions on title) cannot be performed without attorney involvement.

For additional information regarding real estate transactions, please see our real estate resources page.

Generally, a purchaser of real estate is free to select any attorney he or she chooses to close the transaction, regardless of whether the property is new or existing construction.

However, it is common in certain purchase contracts (particularly those involving new construction) for the use of a particular law firm to be specified as a condition of the contract by the builder/seller. As a prospective purchaser, you should always review any contract provisions regarding closing carefully and make sure you are comfortable with any specified closing attorney before agreeing to make the purchase. Contract terms are always negotiable.

For additional information regarding real estate transactions, please see our real estate resources page.

Chapter 44A of the North Carolina General Statutes provides certain rights to file a “mechanic’s lien” to all persons who furnish labor or materials (including equipment) used to make improvements to real property. Generally, any such lien on real property must be filed within 120 days of the last date that the contractor performed work upon the property to be liened.

Liens are usually filed with the Clerk of Court in the county where the improved real property is located. The Clerk’s office merely performs an administrative role in this instance, and does not have the authority to refuse to file a lien that is presented with the appropriate fee by the lien claimant. Bear in mind, however, that a Claim of Lien upon real property automatically expires if a lawsuit to enforce it is not filed within 180 days of the claimant’s date of last furnishing.

North Carolina’s lien laws are complex and at times confusing, particularly to non-lawyers. These laws have been revised numerous times over the years, including major revisions that went into effect in 2013. Whether you are a contractor that is contemplating filing a lien, or an owner whose home or project has been liened, you should not attempt to resolve the situation without the benefit of experienced legal counsel.

For additional information regarding construction law matters, please see our construction law resources page.

Whether the project involved is small kitchen renovation or a massive new commercial skyscraper, a wide variety of statutes and regulations from numerous different sources make up what can fairly be called “construction law.”  Further information regarding terms or agencies noted in bold  are available on the websites noted in the links section.

Environmental protection laws, including occupational health and safety regulations, are designed to help maintain a safe work place and protect against injury and illness caused by particular substances either currently or previously in use that are hazardous, such as asbestos, chemicals, and lead-based paint. Environmental laws are enforced at the federal level (through agencies such as the Environmental Protection Agency), the state level (through agencies such as the North Carolina Department of Environment and Natural Resources), and even municipal governments (on matters such as water quality).

State licensing laws establish basic practice requirements for all key components of the business of construction and construction design in order to protect consumers. Regulated fields including general contracting, architecture, engineering, and the “skilled trades” such as plumbers, electricians, and heating/ventilation/air conditioning specialists.

State and local building codes are also in place to maintain minimum engineering and construction standards. Code enforcement is primarily a county or city/town function, and is closely related to zoning regulations governing permissible use of a particular piece of property. Zoning and building codes are implemented through a permitting and inspection process that is required in order for most construction projects to be completed legally.

Lien and bond laws help individuals and companies who provide labor, materials, and/or equipment to a construction project by providing added security that the contractor will be paid per the contract for the improvements. The precise lien and bond rights available are generally dictated by the nature of the project (federal projects, state projects, or private projects) and the relationship between the lien claimant and the owner of the improved property. For example, public projects are not subject to lien claims by contractors, but some type of payment bond may often be available as an alternative. Due to recent changes in North Carolina’s mechanics lien statute, owners and contractors must now familiarize themselves with requirements regarding the appointment of lien agent and the appropriate procedure for communicating potential claims to the lien agent.

Finally, contract law forms the bedrock of a construction law practice, simply because at its heart every construction law dispute is a contract dispute. The law governing the interpretation of the parties’ construction contract is frequently the law of the state where the work is to be performed. However, the source of contract law to be employed can vary widely, either by agreement of the parties or due to the nature of the project (federal construction projects utilize elements of federal law, for example).

• U.S. Environmental Protection Agency 
• N.C. Dept. of Environment and Natural Resources 
• Mecklenburg County Land Use & Environmental Services

• General Contracting
• Architecture
• Plumbing, Heating, Fire Sprinklers
• Electrical
• Engineers and Surveyors

• Office of State Fire Marshall (state building codes)
• Code of City of Charlotte (numerous relevant chapters)
• Mecklenburg County Code Enforcement Permitting/Inspection Results Search

• Mechanics Liens and Model Payment Bond Statute – Chapter 44A, North Carolina General Statutes 
• Lien Agent Appointment, Notices, and Research