By Justmenthekidsnow September 29, 2013
I had heard a friend talk about her divorce a few years ago and she had hired Mr. Batchelor to represent her, so I started out with him when my husband left. I was greatly surprised at how nice and understanding his secretary was (Ashley, his wife. I was a complete mess. I couldn't remember dates I wasn't sure where my husband was and was personally overwhelmed with the emotions that came out while trying to fill out the separation and custody paperwork. Ashley took the papers from me and said not worry about it that mr. Batchelor would go through them with me and get the info he needed when I seen him. A few minutes later mr. Batchelor came out to get me-with a box of tissues in his hand. It took me at least an hour to go through everything and he did not mind. I am to go back to review my separation agreement in a few days so I will try to post updates but I just wanted to let everyone know how well he handled everything and the comfort they gave me. ...read more
By jackmccaig November 25, 2012
Trust him to take you through the difficult process of the justice system and great an excellent ending. No better lawyer in the Wilmington area to have defend your rights and liberties. ...read more
By ShawnKnowles January 12, 2012
Look him up on NCBAR dot com. Lost his right to practice law for 5 years. Read what he did with a poor mans money. Read what he did to a poor lady. Warning, research him up on NCBAR dot com. ...read more
Contact our law firm Willmington, NC, to compose your last will and testament, dispute traffic tickets, and more. Clark, Newton & Evans, P.A. 509 Princess Street Willmington, NC 28401 Phone: 9108058410 Contact Email: dte@clarknewton.com website:www.clarknewton.com Keywords: law firm, last will and testament, traffic tickets willmington, nc ...read more
By Clark, Newton & Evans, P.A. March 26, 2015
On Commercial Construction Projects, North Carolina law provides that a General Contractor cannot withhold payment to its Subcontractors just because the General Contractor has not been paid by the Owner of the project. Specifically, N.C.G.S. 22C-2. Performance by Subcontractor states: "Performance by a subcontractor in accordance with the provisions of its contract shall entitle it to payment from the party with whom it contracts. Payment by the owner to a contractor is not a condition precedent for payment to a subcontractor and payment by a contractor to a subcontractor is not a condition precedent for payment to any other subcontractor, and an agreement to the contrary is unenforceable." As the statute says, even if the written contract provides such a "pay when paid" clause, the provision is unenforceable by the General Contractor as a matter of North Carolina public policy. Moreover, any payment due to a Subcontractor from a General Contractor, or from a Subcontractor to its subcontractor, must be paid withing seven (7) days of receipt of the subcontractor's invoice for work performed. N.C.G.S. ยง 22C-3. Time of Payment to Subcontractors states: "When a subcontractor has performed in accordance with the provisions of his contract, the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract." Additionally, any late payments bear interest at the rate of 1% per month or 12% per year. N.C.G.S. ยง 22C-5. Late Payments to Bear Interest states: "Should any periodic or final payment to a subcontractor be delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the contractor or subcontractor shall pay his subcontractor interest, beginning on the eighth day, at the rate of one percent (1%) per month or a fraction thereof on such unpaid balance as may be due." However, these rules do not require a General Contractor or Subcontractor to pay its subcontractors, as set forth above, if the subcontractor's work is deficient in any way. N.C.G.S. ยง 22C-4. Conditions of Payment states:. "Nothing in this Chapter shall prevent the contractor, at the time of application and certification to the owner, from withholding such application and certification to the owner for payment to the subcontractor for: unsatisfactory job progress; defective construction not remedied; disputed work; third party claims filed or reasonable evidence that claim will be filed; failure of subcontractor to make timely payments for labor, equipment, and materials; damage to contractor or another subcontractor; reasonable evidence that subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed the initial percentage retained by the owner." Finally, be aware that these provisions apply to Commercial Construction Projects only; not to Residential Construction Projects. N.C.G.S. ยง 22C-6. Applicability of this Chapter states: "The provisions of this Chapter shall not be applicable to residential contractors ..., or to improvements to real property intended for residential purposes ...., or to improvements to real property intended for residential purposes which consist of 12 or fewer residential units." If you are a Subcontractor working on a Commercial Construction Project in North Carolina, and you have trouble getting payment for work you performed on the project, call Wesley S. Jones now for a free phone consultation. Wesley Jones is a Construction and Business Lawyer in Wilmington, North Carolina serving all of Southeastern North Carolina including New Hanover County (including Wilmington, Kure Beach, Wrightsville Beach, Carolina Beach and the areas of Ogden, Masonboro, Myrtle Grove, Landfall, and Mayfair), all of Pender County (including Burgaw, Surf City, Hampstead and Topsail Beach) and all of Brunswick County (including Bald Head Island, Bolivia, Calabash, Leland, Shallotte, Southport, Saint James, Ocean Isle, and Oak Island). ...read more
By THE LAW OFFICE OF WESLEY SCOTT JONES, P.C. April 05, 2014
Forming a Corporation to start or operate a business in North Carolina can be beneficial to the business owners in two important ways: 1) it can help prevent the business owner from paying too much in federal and state income taxes and 2) it can help protect the business owners from incurring Personal Liability for acts carried out by the business. So what are the main steps in forming a North Carolina Corporation? You must select a Business Name and make sure that name is available for use in North Carolina. You must file proper and complete Articles of Incorporation with the North Carolina Secretary of State. Before filing the Articles of Incorporation, you must determine the number of shares the corporation will be authorized to issue (Issued Shares), the class of shares to be issued, who will serve as the Registered Agent, what will be the Registered Agent Address, and who will serve as the Incorporator. After the Articles of Incorporation have been filed, must must hold an Organizational Meeting. At the Organizational Meeting, you must elect Directors, appoint Officers, adopt a set of Bylaws, adopt a Corporate Seal, and issue Stock Certificates to the business owners (called Shareholders). Before operating the business, you will want to apply for a Federal Identification Number (EIN Number) and State Identification Number for banking and tax purposes. If you qualify and wish to be treated as an S-Corporation for tax purposes, you must complete and file IRS Form 2553. Other Considerations: Should you file an Assumed Name Certificate? Do you need a Privilege License to operate your business? Do the business owners need a Shareholders Agreement? When should you file your first Annual Report with the North Carolina Secretary of State's office? What Corporate Formalities should I follow to keep my corporation valid as a legal entity? If you are planning to form a North Carolina Corporation, the foregoing topics are just a few that a business owner must sucessfully navigate through to begin operating a business. If you need help or advice, call an experienced Business Attorney. Call Wesley Scott Jones now at 910-256-5800 for a free telephone consultation. Wesley Jones is a Business Lawyer serving in Wilmington, North Carolina serving all of Southeastern North Carolina including New Hanover County (e.g. Wilmington, Kure Beach, Wrightsville Beach, Carolina Beach and the areas of Ogden, Masonboro, Myrtle Grove, Landfall, and Mayfair), all of Pender County (e.g. Burgaw, Surf City, Hampstead and Topsail Beach) and all of Brunswick County (e.g. Bald Head Island, Bolivia, Calabash, Leland, Shallotte, Southport, Saint James, Ocean Isle, and Oak Island). The following are just a few of the Business Services that Wesley Scott Jones provides to clients: Forming new Corporations and Limited Liability Companies, drafting Articles of Incorporation, Articles of Organization, Shareholders Agreements, Organizational Minutes, Operating Agreements, Annual Meeting Minutes, Bylaws, Annual Reports, Assignments, Board of Director's Meeting Minutes, Business Entity Startup and Formation, Representing clients who are Buying or Selling a Business, Business Dissolution and Liquidation, Contract Review and Drafting (including Non-Compete or Noncompetition Agreements, Confidentiality Agreements, and Nondisclosure Agreements), Due Diligence Research, Leases, Licensing, Non-Profit Corporations, Non-Solicitation Agreements, Professional Malpractice, Promissory Notes, and Regulatory Compliance. ...read more
By THE LAW OFFICE OF WESLEY SCOTT JONES, P.C. January 20, 2014
Getting a legal internship can help boost your career by giving you the much needed experience to place on your resume. A job canidate that has just left school but has several intern experiences under his belt will have a better chance getting a new position in a law firm than a job canidate that doe... ...read more
Low income people sometimes have a difficult time receiving legal help. Many do not know they have the opportunity to receive free legal help. Some of these services available to them are by public service charities, volunteer lawyers and law student clinics. People seeking information on these progra... ...read more
