Skip to main content
Derek Paul Adler

Derek Adler’s Answers

33 total

  • Is there a course of action to get the Pool contractor to stop threatening us, stop increasing "final" bill amount, & fix work?

    I have questions concerning work, disputes, and payment for a licensed pool company I hired to build an inground pool and patio area. 1) Is there recourse for poor quality work and breaches of contract that the contractor refuses to acknowledge ...

    Derek’s Answer

    If you signed a fixed price contract, then the contractor is bound to that final number unless there were changes made during the court of construction that both parties agreed to. Apart from the contract, any contractor is required to perform all work in a good and workmanlike manner. There is a lot of gray to what constitutes good and workmanlike. Typically, you should provide him an opportunity to correct any deficiencies. If he refuses, then you can hold him responsible for costs to cure. You'd likely need to hire an attorney, however, to file suit if he won't comply. Depending on the total costs to finish/repair, you may or may not want to hire an attorney.

    See question 
  • Can I fight this with "breach of contract" and put this to rest or get mediation fees and lawyer fees Back?

    5 years ago I accidentally injured my roommate. He asked in writing for me to pay his medical bills which totaled to around $6k. I agreed but could only pay $3k at the time which he accepted in the form of a check. We never set any terms on payin...

    Derek’s Answer

    If this injury occurred in North Carolina, there is a 3 year statute of limitation from the date of the injury. If there was a settlement agreement for the 6K, there is also a 3 year statute of limitation from the date of breach. It would appear he only has a claim for the additional 3K, and even that may be defensible provided the repayment terms were breached more than 3 years ago. Either way, if you've been sued, you need to hire a local attorney.

    See question 
  • Home seller lies about inspection repairs ever being completed -- discovered post close

    Licensed R/E Agent, sells FSBO home flipped under an LLC. "Officially" seller was in FSBO capacity and not as R/Eagent. Inspection found MAJOR MOLD. Have documents from Seller where mold was removed and written statement from seller home is "MOLD...

    Derek’s Answer

    There may be a fraud claim but you have to be careful. Recent case law in North Carolina has said that if you have a professional inspection, then you are aware of the issues and you have constructive knowledge of the mold. Did you have an inspection done? If so, was there a reason you didn't have it reinspected about they claimed the house was mold free?

    It sounds harsh, but courts are not very favorable to buyers in these situations, but if there was blatant cover-up and if they induced you no to reinspect, then you may have a claim. I'd find an attorney outside of Wake County, maybe Durham, Chapel Hill, or Greensboro.

    See question 
  • My brother died while incarcerated in Rowan County Jail due to incorrect medical care for his diabetic condition. Can I sue?

    My brother Timothy Lamont Barber was incarcerated and serving a 5 month sentence at rowan county jail for a Probation Violation. He is diabetic but also insulin resistant. He has never taken insulin before but the jail facility apparently took...

    Derek’s Answer

    First off, let me tell you how sorry I am to hear about this event. You should know that a jail is required to provide the same level of care to its inmates as they would receive outside of jail - this means access to emergency care, regular doctor visits, etc. I'd suggest that you contact an attorney to discuss the finer points of this unfortunate event.

    See question 
  • Can I sue an insurance company for allowing my signature by someone else

    the insurance was canceled and had to be renewed and the insurance company allowed someone other then me to sign my name to renew. Without my permission or knowledge

    Derek’s Answer

    If you have an insurance loss and they are not providing coverage, you may have a case.

    See question 
  • What can be done when a seller of a home did not do the repairs he said he would do?

    Bought a small home in N. C. According to Home inspector repairs needed to be done and seller agreed to do them. I moved from out of State. After being in the house for 3 months I'm finding out some important things were not repaired. What can...

    Derek’s Answer

    If the repairs were promised in writing and are substantial, you should contact an attorney in your area. Most often, once the deed is conveyed, the obligation of the seller is complete. However, if the promises were made to you via fraud or with deceptive intent, then you may still have a claim against the seller outside of the actual purchase contract.

    See question 
  • Can summary ejectment be dismissed for lack of timely service by sheriff?

    Case filed on 1/22/15 and as of 1/29/15 3pm I have not been contacted or served by the sheriff. Case scheduled for 2/2/15 at 9 am. Only received letter from their attorney in regular mail.

    Derek’s Answer

    Are you sure the sheriff did not post the notice of eviction on your front door? Usually, that's how they effectuate service. If they posted on the property, then you can still be evicted. I would show up.

    See question 
  • Is it against the law to ask the tenant not to install satellite dishes in a lease agreement?

    Is it against the law to ask the tenant not to install satellite dishes in a lease agreement as installation of dish requires drills and holes to be made to the property?

    Derek’s Answer

    Nothing wrong with this. However, if your already have a tenant and a preexisting lease agreement, you'll need to have him/her sign an amendment/addendum to the Lease that says satellite dishes are not allowed. You'll also need to pay consideration, which can be anything, such as one dollar.

    In other words, modifications and amendments to contracts require you to give something of value in exchange for the other party agreeing. I

    See question 
  • When is a contractor liable?

    We built a new house and the contract signed was very misleading. He promised some trees to sperate property line but wasn't in the contract as well as the back splash in kitchen. He told us dont worry he will take care of it. Also, he refused to ...

    Derek’s Answer

    Promises outside of the contract generally are not enforceable. There are a host of exceptions, but generally most contracts contain an integration clause that states something like: "this is the complete contract, and no oral promises outside of the four corners of this contract are enforceable." That said, the contractor has an obligation to construct the property in a workmanlike manner, which includes punch list and warranty items.

    Because this is new construction, they have an obligation to deal fairly with you as well. If their actions are deemed deceptive or unfair, they could potentially be liable for triple damages under North Carolina's Unfair and Deceptive Trade Practice statute. It's a difficult burden to prove, but may be useful as leverage to have punch list items fixed, etc.

    See question 
  • What is the law in North Carolina as to how much notice you must give in order to vacate a rental apartment once your lease is

    I had a 5 month lease that ends July 31 and just found out I need to move. Their policy is you must give 60 days notice. Is that legal?

    Derek’s Answer

    If you have a written agreement that says 60 days notice is required, then that controls. Otherwise, if this is a month to month lease, then you are only required to give a week notice in North Carolina.

    See question