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Tag Archives: N.C. Court of Appeals

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Statute of repose on trial (access required)

Statute of repose on trial <span class="dmcss_key_icon"><img alt="(access required)" src="/files/2013/10/lock1.png" border=0/></span>

RALEIGH – Willful and wanton negligence will be considered in an N.C. Supreme Court appeal that could affect the pocketbooks of homebuilders, construction product manufacturers and homebuyers – and the warranties that bind them. When lawyers in Christie v. Hartley ...

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NEWS ANALYSIS: Attorney warns that based on recent ruling, N.C. homeowners unlikely to get money (access required)

NEWS ANALYSIS: Attorney warns that based on recent ruling, N.C. homeowners unlikely to get money <span class="dmcss_key_icon"><img alt="(access required)" src="/files/2013/10/lock1.png" border=0/></span>

A recent, and murky, N.C. Court of Appeals decision that appears to limit 10-year construction warranties to six years has been invoked by a homebuilder’s attorney, who nonetheless has said his client will make the necessary repairs. The key to this little paradox involving a seven-year-old house in Monroe is, apparently, understanding the difference between two legal phrases.

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NEWS ANALYSIS Under construction: Court’s decision provides no blueprint (access required)

NEWS ANALYSIS Under construction: Court’s decision provides no blueprint <span class="dmcss_key_icon"><img alt="(access required)" src="/files/2013/10/lock1.png" border=0/></span>

Under state law, every new house built and sold in N.C. comes with an implied warranty that the home is free from major structural defects when it was sold, but the builder can expressly warrant the house for more, and for longer, often up to 10 years. But a decision by an N.C. court comes with no warranty that it will ever be enforced ─ or even understandable ─ or for how long.

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Court decision appears to limit construction warranties (access required)

Homebuilders will likely not be affected by an N.C. Court of Appeals decision handed down this week that appears to limit all construction warranties to six years, even when the builder expressly provides a longer one, according to the top lawyer for the N.C. Home Builders Association.

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