Leaders In Construction Law In North Carolina
Robertson & Associates in Charlotte, North Carolina, has an established and respected construction law practice, which has developed a reputation for professionalism and delivering value to clients in the construction business for over 15 years.
Each construction project, from major commercial projects to home remodeling, from bidding to contract negotiation, requires legal experience specific to the construction industry. The construction attorneys at Robertson & Associates have a broad spectrum of financial, commercial, industrial and residential construction experience with both public and private entities. We have the experience and vigor to cover a broad range of construction law issues while providing a personalized service approach to all clients. We serve contractors, subcontractors, developers, property owners, lenders, businesses, suppliers and design professionals in Charlotte, North Carolina, and the surrounding areas.
Our attorneys are familiar with all aspects of North Carolina construction law, including:
- Construction defect claims and other disputes
- Contract bidding and negotiation
- Construction contract preparation
- Infrastructure projects
- Surety issues
- Mechanic’s liens (construction liens)
- Contractor licensing issues
- Business formation (construction companies)
Together, these services help clients address legal concerns that can arise at different stages of a construction project.
Frequently Asked Questions About North Carolina Construction Law
Construction projects can raise payment, licensing and contract issues. If you work on, own or manage a project in North Carolina, the following answers explain rules that may affect your rights:
Are “pay-if-paid” clauses enforceable in North Carolina construction contracts?
Generally, no. North Carolina law does not allow a contractor to make payment to a subcontractor that depends fully on payment from the owner. If you complete work under your subcontract, a true pay-if-paid clause cannot make your right to payment depend only on whether someone else has paid. The contract may still set the timing of payment. Because of that, you should review the full payment clause before you decide what rights you may have.
Can a contractor in North Carolina perform work without a license?
North Carolina requires a general contractor’s license when the cost of the work is $40,000 or more. This rule can apply when you bid on, build, supervise or manage a covered project. If you do work that requires a license without having one, a court may stop you from collecting payment through a contract claim. You may also lose other ways to recover payment. For that reason, licensing can affect both compliance and your ability to get paid.
How do construction disputes differ between public and private projects in North Carolina?
The type of project can change the rules that apply to payment and disputes. Public work may involve bid laws, payment bonds, performance bonds and set payment rules. Private work often depends more on the contract between the parties. North Carolina lien law may also give contractors, subcontractors and suppliers a way to protect payment rights on private projects. Since notice rules and deadlines can differ, you should first confirm whether the project is public or private.
What is a payment bond, and when is it required on North Carolina construction projects?
A payment bond helps protect people and companies that provide labor or materials on a bonded project. For many public projects in North Carolina, the public body must require payment and performance bonds when the total construction contracts exceed $300,000 and a contractor has a contract over $50,000. For state departments, state agencies and the University of North Carolina system, the project limit is generally $500,000. If you remain unpaid on a bonded project, notice rules and filing deadlines can affect your right to make a bond claim.
Get Answers About Your North Carolina Construction Law Matter
As an addition to our construction law practice in Charlotte, North Carolina, our firm also assists clients in a variety of real estate matters, including representation of homeowners’ associations, commercial real estate transactions and condemnation actions. Call us at 704-597-5774 or email us.