In December of 2021, the North Carolina Supreme Court issued a decision in an area that is the subject of frequent litigation: claims by purchasers of homes against the real estate agents involved in the purchase. The decision by the Court could affect seller’s agents’ duty to disclose to potential homebuyers and buyer’s agents fiduciary…
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In North Carolina, lawsuits by homeowners against contractors and subcontractors are governed by the economic loss rule. This rule, articulated in the seminal case Ports Auth. v Lloyd A. Fry Roofing Co., states that a plaintiff cannot sue in tort when a contractual remedy exists, with a few exceptions: unless a third-party sustained the injury,…
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Among the bills to emerge from the ongoing 2019 session of the North Carolina General Assembly is a structural and substantive revision of N.C. Gen. Stat. § 22B-1, which invalidates certain indemnity agreements in the construction industry. Among the substantive revisions are a new subsection (b) deems invalid any indemnity agreement unless “the fault of…
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