October 31, 2011
North Carolina landlords renting residential properties with a fossil-fuel burning heater, appliance, or fireplace, or one that has an attached garage, must provide a carbon monoxide detector. If you or a family member has sustained carbon monoxide poisoning because of your landlord’s failure to provide such a carbon monoxide detector, contact the Raleigh civil litigation attorneys of Maginnis Law at 919.480.8526. You may also email our lawyers using the form on our contact page. Read more
October 28, 2011
Subcontractors on public projects and some private projects may be able to look past the general contractor, first tier sub-contractor, or even the developer who fails to make required payments under their construction contract. When the general contractor claims to not have the assets to make these payments, subcontractors can look to the party with more funds to get paid. Contact the civil litigation construction attorneys at Maginnis Law, PLLC at 919.526.0450 or visit our contact page to submit a new case inquiry here.
Subcontractors have the ability to sue a surety and the general contractor as an intended third-party beneficiary on a breach of the surety bond contract, even if they had no direct contract with the surety. This right exists so long as the payment bond covers payments to suppliers of materials and labor, as nearly all payment bonds will. North Carolina courts look favorably towards sub-contractors in addressing bonds. Payment bonds are construed to protect subcontractors who engage in public construction projects.
Payment and performance bonds are required in North Carolina public construction projects but also occasionally exist in large-scale private construction projects. Large developers may require payments bonds to be issued by the general contractor in order to avoid potential disputes down the line with unpaid subcontractors.
If you are a sub-contractor that has not been paid on a public project or a large-scale private project, you may be able to look to other parties to recover. It’s also important to note that your lien rights are different in public projects vs. private projects. Contact Maginnis Law, PLLC at 919.526.0450 to learn more. Maginnis Law is a Raleigh civil litigation firm with construction lawyers handling matters in Cary, Apex, Wake Forest, Durham, Morrisville and the rest of the Triangle area. Please contact the firm to schedule a free initial consultation or submit a new case inquiry here.
Raleigh Construction Attorney – Insurance Recovery Under CGL Policy for Property Damage After Faulty Workmanship
October 27, 2011
Homeowners, building owners, general contractors, and sub-contractors often hope to rely on commercial general liability policies to protect everyone from problems with faulty construction work or materials. Although insurers try to exclude such damages from coverage, North Carolina law does provide some protection to the insured contractors and the damaged property owners through their insurance policies. Read more
October 27, 2011
Car accident personal injuries are not always physical. It is quite common for victims of automobile collisions to develop psychological and emotional injuries such as Post Traumatic Stress Syndrome (PTSD). These injuries frequently require a great deal of professional attention which in turn means high medical bills. The Raleigh civil litigation personal injury attorneys of Maginnis Law can help you recoup your medical expenses, as well as, the mental and emotional pain and suffering to which you are entitled. Call one of our attorneys today at 919.480.8526. For a confidential email discussion of your claim, visit our contact page.
Post Traumatic Stress Disorder (PTSD) is most commonly discussed in relation to soldiers returning from military action but can affect anyone involved in a traumatic event. In fact, a car accident is the most likely trigger for PTSD among the non-military public. Factors contributing to PTSD include the fear of an additional injury or death in a subsequent car accident, the anxiety associated with waiting for settlement of one’s claim, and depression caused by physical disability. Individuals involved in multiple car accidents are even more prone to PTSD.
The Raleigh car accident attorneys of Maginnis Law provide free consultations and evaluations for all personal injury cases, including all psychological injury cases. We handle all personal injury cases solely on a contingency basis, so that you do not pay any attorneys’ fees unless we make a recovery for you. We represent personal injury claimants in Raleigh, Cary, Chapel Hill, Durham, Clayton, Wake Forest, Morrisville, Apex, and the surrounding Triangle Area including Wake, Durham, Chatham, Orange, Alamance, Franklin, and Johnston Counties.
If you have suffered a psychological, psychiatric, or emotional injury, such as Post Traumatic Stress Disorder (PTSD), contact a personal injury civil litigation lawyer at Maginnis Law. You may reach our attorneys at 919.480.8526. You may also use our contact page to submit a new case inquiry to one of our attorneys. We will typically send a confidential response within the same day.
Problems with Construction Liens in Oral Agreements with Contractors, Subcontractors, Homeowners and Businesses
October 26, 2011
Another reason for contractors to have express written contracts in their agreements with homeowners, businesses, general contractors, and subcontractors: Although you still may be able to recover for the work performed, there is a risk of losing the contractor’s most important protection: their lien rights. Contact the construction litigation lawyers at Maginnis Law, PLLC at 919.526.0450 or visit our contact page to submit a new inquiry. Read more
October 26, 2011
With constant increases in health insurance premiums, more and more car accident victims are being held personally liable for resulting doctors’ bills. Many claimants are being forced to choose between the lesser of two evils: a quick but low settlement or a larger settlement which takes longer to recover. The problem with the latter option is that your medical bills may go into collections and negatively affect your credit.
The civil litigation attorneys of Maginnis Law can help. Our attorneys take an aggressive approach when representing clients without health insurance. By filing a lawsuit early, we can put the at-fault driver’s automobile insurance company on the defensive. Rather than pay a defense attorney to answer and participate in a lawsuit where there is clear liability, many insurers will simply put their best offer on the table earlier than they otherwise might. To speak with one of Maginnis Law’s car accident personal injury lawyers call 919.480.8526 or submit an email inquiry using our contact page. Read more
October 14, 2011
When a property owner purchases a homeowners insurance policy, they expect to be protected from financially crippling property damage and third-party liability. Unfortunately, insurance companies frequently put their own interests before those of their insureds. They will look to stretch the meaning of exclusions or find other ways to avoid their duty to provide coverage. If your homeowners insurance provider has wrongfully denied coverage for your property damage claim or failed to provide a defense in a third party liability situation, or you simply have questions about your rights, contact the civil litigation attorneys of Maginnis Law at 919.480.8526.
October 13, 2011
North Carolina’s “Unfair and Deceptive Trade Practices” statute is an important law for tenants who have sustained personal injury as a result of exposure to toxic mold. The Unfair and Deceptive Trade Practices statute allows for treble damages in certain landlord-tenant disputes. Additionally, if there has been an unwarranted refusal to settle the case by the landlord, the court may also award attorneys’ fees in its discretion. The Raleigh civil litigation lawyers of Maginnis Law offer free consultations for all toxic black mold cases and are happy to discuss whether the facts of your case would support an Unfair and Deceptive Trade Practices claim. You may reach the attorneys of Maginnis Law at 919.480.8526 or by using our contact page. Read more
October 12, 2011
North Carolina has recently enacted consumer protection laws to protect individuals from mortgage-related scams. There are certain types of home sale transactions which bring about inherent risks of fraud, including foreclosure rescue transactions, lease purchase agreements, and installment contracts for the purchase of real estate. Failure to provide tenants/purchasers with proper disclaimers in their written agreements can subject a party to penalties under North Carolina Unfair and Deceptive Trade Practices laws as well as, conceivably, state and federal Debt Collection statutes. Businesses engaged in legitimate real estate transactions must be aware of these restrictions while home owners should be aware of their options if they have unknowingly entered into one of these agreements. Contact the Raleigh civil lawyers of Maginnis Law, PLLC at 919.526.0450 to discuss or submit a new case inquiry here. Read more
October 12, 2011
A back contusion is a type of soft tissue injury caused by blunt trauma to muscle, tendon, or ligament. If you have sustained a back contusion as a result of a car accident caused by another driver’s negligence, you are entitled to fair personal injury compensation. The Raleigh car accident attorneys of Maginnis Law can help you recover that fair compensation by negotiating and, if necessary, litigating your claim against the at-fault driver’s automobile insurance company. Our personal injury lawyers may be reached at 919.480.8526 or by submitting a new case inquiry using our contact page. Read more