Legal Question in Construction Law in North Carolina

Contracts

I am currently doing work as a subcontractor for a 3rd party in which I signed a agreement not to approach the owner for 2 yrs to solicite work. Well the owner has approached me to do work for them directly. Am I in violation of my agreement with the contractor that I am doing work for?

Asked on 3/25/09, 1:54 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
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Re: Contracts

Generally speaking, the contract will be enforced as written. Based on what you have described here, you would not technically be in violation of the agreement (because you did not approach the owner). If that is the way the agreement is worded, then you should be safe to contract with the owner (after he has approached you). As with most things in the law, there is some gray area here; a court could conclude that you are violating the spirit of the agreement, or that the agreement "implied" that you would not do any work for the owner. But, in general, the written terms of the agreement should be controlling. You may of course want to consult with an attorney in person with the actual documents.

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3/25/09, 2:19 pm

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