Archives for October 2013

New Hanover County Construction Litigation

Construction BlueprintsThis has been a busy year for home builders and subcontractors in New Hanover County and the surrounding area. In fact, compared to this time last year, construction activity is up between 4 and 5 percent.  There are scores of new residential developments going up, both in the single-family and multi-family markets. Current homeowners are also enlisting the help of home improvement professionals to update and upgrade their properties.

In the multi-faceted process of home construction, whether the task at hand is new construction, renovation, or an addition, sometimes things just don’t go according to plan. As a local attorney for contractors in Wilmington, Wesley Scott Jones understands all too well the variety of difficulties that can crop up during construction projects. You may have had excellent communication and an ironclad contract, but unforeseen issues can cause major financial headaches plus major inconveniences.

Here are just a few examples of problems that can arise:

  • faulty construction
  • improper permitting
  • work delays
  • bid protests
  • labor issues
  • failure to meet local codes and/or OSHA requirements
  • construction defects that can lead to safety and health problems such as leaks and mold
  • HOA disputes

Wes has represented numerous building professionals in the greater Wilmington area, including architects, developers, contractors, and subcontractors. If you have concerns that could require an experienced, knowledgeable litigator, please contact our office.

We are located in beautiful Lumina Station across from Landfall just before the Wrightsville Beach bridge in Wilmington, NC. There is easily accessible, free parking. Call us today for a free consultation: 910-256-5800.

Eviction Attorney in Wilmington, NC

Eviction Attorney in Wilmington NCIn the state of North Carolina, landlords wishing to evict tenants must use what is known as the “summary ejectment process.” Evicting individuals and/or families from either commercial or residential leased property is something that is taken very seriously in the Old North State. In fact, the court system tends to rule in favor of the tenants, more often than not, especially in cases of residential rentals.

In order for a magistrate to issue an eviction notice, the landlord must provide proof that all of the requirements for the summary ejectment statute have been followed, such as proper notice to the tenant. These matters are handled in small claims court and require valid reasons for the eviction. Examples of justification are:

  • The tenant(s) have been found guilty of engaging in criminal activity
  • The rent is past due and the responsible party has been given a 10-day extension in which to pay the amount in full
  • The lease has expired and the renter(s) refuse to leave the property
  • Some requirement of the signed lease has been not been met, for which eviction is the agreed upon consequence

After the decision to follow through with the eviction process is made, the landlord next files what’s known as a “Complaint in Summary Ejectment.” For cases in which rent in the amount of $5,000 or less is past due, the landlord can seek reimbursement in small claims court.

The tenant is notified about the complaint through the sheriff’s office. If money is owed, the tenant will be served with court papers in person. Otherwise, the official eviction notice is posted on the rental property premises. A hearing conducted in a court of law by a magistrate is the next step. At that time, it will be determined if the landlord will be able to regain possession of the property.

When it is discovered that the landlord is entitled to evict the tenant(s), the renter(s) will have 10 days to file an appeal in district court. The magistrate will determine how much of the past-due rent the tenant(s) must pay, which will then be posted as bond. The ongoing responsibility of rent must also be taken care of. When an appeal fails to take place, the clerk of the court may then issue a Writ of Possession so the sheriff can legally evict the tenant.

So, if you are having problems with a renter, avoid the temptation to just change the locks! To resolve these matters, the proper procedure must be followed.  Attorney Wes Scott Jones is experienced in these matters and will be happy to discuss your situation. Please call Wes to schedule an appointment for a free consultation at 910-256-5800.

Commercial Landlord Legal Representation

Commercial Landlord Legal RepresentationAs a commercial landlord in the state of North Carolina, you may not be aware that trying to handle issues on your own can potentially make matters worse. For example, accepting late payments from commercial tenants can possibly lead to a loss of your rights to terminate the lease or take possession of the property.

In matters of commercial rentals, it is recommended to use the advice of an experienced business attorney, especially when you’re faced with landlord-tenant disputes.

If you are leasing commercial property, having Wilmington attorney Wesley Scott Jones on your team can help prevent a number of headaches later on down the road. As a skilled litigator, business and construction lawyer with extensive experience in commercial real estate matters, Wes is also well-versed in matters pertaining to creating and reviewing contracts, serving as a consultant during disputes, the eviction process, and, should it become necessary, court cases. Over the years, Wes has successfully assisted local businesses including retailers, restaurants, offices, and other commercial establishments resolve matters including:

  • Overdue rent
  • Property damage
  • Breach of lease
  • Illegal activity on premises
  • Evictions

In these matters, it’s always best to try and resolve problems before they become a bigger problem. To learn more about your rights and responsibilities as a commercial landlord, please call our office at 910-256-5800 or email us in order to schedule a free consultation with Attorney Wes Jones.