Archive | Construction Law

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Need a Lawyer? 

While the internet has increased the availability of forms and instruction and “virtual” lawyers, there are certain times and places where only an actual lawyer will do.  There could be many an article written about the errors or omissions in documents drafted through forms off the internet by individuals or principals in a corporation, because […]

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The Earlier The Mediation, The Better

The rules implementing statewide mediated settlement conferences in North Carolina generally require litigants to attend a pre-trial mediated settlement conference and typically a case management order establishes a deadline for completion of the conference.  Parties are free to decide how close to the deadline (or early) that the conference will be scheduled. There is a […]

construction site injuries

Case Law Update: Modifications to Loan Agreements

Our firm routinely handles claims by contractors, lenders, and property owners involving construction defects, delays, and contract disputes.  Many times,  parties to a construction loan or development agreement modify the terms of the original agreement.  The terms of these modifications—and how they affect the parties’ obligations—are often disputed. A recent opinion from the North Carolina […]

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MEDIATION BEFORE LITIGATION?

The landscape in civil litigation was changed forever when the mediated settlement conference became a mandatory part of civil superior court cases in North Carolina.  Most lawyers share the sentiment that the change was for the better, although not all of them thought it would turn out that way.  Given the cost to appropriately litigate […]

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In case you missed it: Quick facts on enforcing your civil judgment

Many clients are surprised to learn that obtaining a judgment is not the end of the story in litigation. Even lawyers fall into the trap of celebrating a large verdict or favorable judgment before a judgment is actually collected.  The often disappointing reality, particularly in commercial litigation, is that a judgment is sometimes only the […]

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Domestication de-mystified: Four Steps for executing on your foreign judgment in North Carolina

In January, we discussed the judgment execution process.  In light of positive feedback, we wanted to follow that post by addressing a related, and equally intimidating process: domesticating a foreign judgment.  That is, if you are an out-of-state judgment creditor with a judgment against a North Carolina resident or corporation, how do you enforce your […]

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Can a Prevailing Party Recover Its Attorneys’ Fees?

Clients are naturally curious as to whether they can recoup their attorneys’ fees if they prevail in litigation.  The short (and disappointing) answer is: typically not.  Under the antiquated (and arguably more logical) “English Rule,” the losing party was forced to pay both its own attorneys’ fees and the prevailing party’s.  Unfortunately for successful litigants, […]

Jason Miller and Jeff Monroe named to 2016 Legal Elite list.

Miller & Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2016 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively.  This marks the fourth consecutive year that Mr. Miller has been honored by Business North Carolina magazine. […]