Duke’s Mayonnaise can trace its roots to 1917 in Greenville, South Carolina. Founder Eugenia Duke developed a recipe for mayonnaise to add to sandwiches she sold to soldiers fighting in World War I. Eventually, the sandwich shop became an independent business – the Duke Sandwich Company – and Duke’s mayonnaise continued to be produced by new owner C.F. Sauer Company. …
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IMPLIED WARRANTIES IN NORTH CAROLINA CONSTRUCTION
PART 2 This article follows Lindley Law’s blog post on implied warranties in construction contracts. While the previous article focused on warranties protecting the purchaser, this article will focus on warranties protecting the general contractor and subcontractors. The Implied Warranties Protecting General Contractors and Subcontractors The Implied Warranty of Suitability of Plans and Specifications. In nearly…
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IMPLIED WARRANTIES IN NORTH CAROLINA CONSTRUCTION
PART 1 The construction industry is largely governed by contracts. Mr. and Mrs. Smith contract with Reputable Construction, LLC to build a single-family home. The rights and responsibilities of both parties are generally determined by the contents of the contract, as enforced by North Carolina law. The contract could include express warranties – specific stipulations providing an assurance…
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FRAUD CLAIMS AND THE RULE 9 HEIGHTENED PLEADING STANDARD
What is Fraud? Fraud is broadly defined as an intentional misrepresentation or concealment of material fact made with intention and calculation to deceive, causing the other party to be deceived and, as a result, harmed. Elements In North Carolina, a civil claim of fraud has five essential elements. A false representation or concealment of material fact;…
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A PRIMER ON CONSTRUCTION LIENS
What is a Construction Lien? The construction industry is largely governed by contracts. A property owner contracts with a general contractor to make improvements to the real property; the general contractor contracts with subcontractors to perform the various tasks required to make such improvements (e.g., grading, bricklaying, etc.); the general contractor and/or the subcontractors contract with suppliers to…
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INTERPRETATION OF A WILL: WHAT DO PER CAPITA AND PER STIRPES MEAN?
The North Carolina Court of Appeals recently released an opinion in the matter Brawley v. Sherrill. The parties were disputing the interpretation of a will, which provided per capita distribution of estate assets to the testator’s children, but per stirpes distribution to her grandchildren. What do these terms mean, and how do they work together in the same estate plan?…
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TENANCY AT WILL
Rent prices in Charlotte are increasing, and these increases often lead to an uptick in evictions, as more tenants are unable to make their monthly payments. In North Carolina, a landlord can evict a tenant through a process called summary ejectment. In a typical summary ejectment action, a landlord alleges a valid lease agreement with the tenant, and alleges the…
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A MAJOR WIN ON APPEAL FOR A LINDLEY LAW CLIENT
Lindley Law represented the Plaintiff, DavFam, LLC (“DavFam”), in a matter initially before the court in 2016. After an unsuccessful appeal by the Defendant, and petition for discretionary review to the North Carolina Supreme Court, the trial court’s decision in favor of DavFam is affirmed and upheld. Congratulations to DavFam and Lindley Law for the victory! DavFam is a…
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JEFFREY EPSTEIN TRUST
Millionaire financier Jeffrey Epstein killed himself on August 10, 2019 while in prison awaiting trial for charges including federal sex trafficking. Shortly before his death, Epstein signed a pour-over will placing approximately $577 million in assets into a trust. Many believe the creation of this trust was an attempt by Epstein to shield his vast wealth from civil lawsuits brought…
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NICHOLAS SPARKS SUED FOR DEFAMATION
Renowned author Nicholas Sparks is currently being sued by the former headmaster of the New Bern, North Carolina school founded by Sparks. Saul Benjamin alleges Sparks defamed him by telling parents of the students that Benjamin suffered from mental health problems. What is defamation, and how is it proved in court? (Benjamin also alleges Sparks violated the Americans with…
