About Burns, Day & Presnell, P.A
Burns, Day & Presnell, P.A is a law firm located in Raleigh, North Carolina. The firm has been in business for 33 years. Their practice areas include BUSINESS AND BANKING, CONTRACT AND BUSINESS DISPUTES, ENVIRONMENTAL REGULATION AND LITIGATION, ESTATE LITIGATION, ESTATE PLANNING AND TRUSTS, LIENS AND CONSTRUCTION, PERSONAL INJURY & WRONGFUL DEATH, REAL ESTATE, TRIALS AND DISPUTE RESOLUTION, UTILITY REGULATION AND RENEWABLE ENERGY DEVELOPMENT.
Lawyers at Burns, Day & Presnell, P.A
Partner at Burns, Day & Presnell, P.A
| 6 reviews
9 Answers25 Years Experience
Founding Member at Burns, Day & Presnell, P.A
| 0 reviews
0 Answers50 Years Experience
Founding Member at Burns, Day & Presnell, P.A
| 0 reviews
0 Answers44 Years Experience
Attorney at Burns, Day & Presnell, P.A
| 0 reviews
0 Answers50 Years Experience
Partner at Burns, Day & Presnell, P.A
| 0 reviews
0 Answers23 Years Experience
Recent Posts from Burns, Day & Presnell, P.A
Aug 27, 2021
Aug 27, 2021
From an Anonymous Contractor
North CarolinaPartner at Burns, Day & Presnell, P.A
Sorry you’ve had this problem. Unfortunately, your question will require contract review to answer accurately. It will be important to determine whether the
contract contains certain provisions (“Time is of the essence” clause, for instance) and to understand the cause of the delay to know whether there’s any
default to cure, or whether the delays are excused, and whether a 10 day notice is sufficient.
contract contains certain provisions (“Time is of the essence” clause, for instance) and to understand the cause of the delay to know whether there’s any
default to cure, or whether the delays are excused, and whether a 10 day notice is sufficient.
Dec 1, 2021
From an Anonymous Contractor
North CarolinaPartner at Burns, Day & Presnell, P.A
A failure to provide an initial notice to lien agent cuts off lien rights only following a refinance or sale by owner. If the same owner that owned the project at
the time the work was performed has not sold or refinanced the project and your deadline for filing a lien has not passed, no lien rights have been waived. I’d
likely still give a late notice to lien agent prior to filing a lien, but assuming you are withing your “120 days” you would still have rights under those See More...
the time the work was performed has not sold or refinanced the project and your deadline for filing a lien has not passed, no lien rights have been waived. I’d
likely still give a late notice to lien agent prior to filing a lien, but assuming you are withing your “120 days” you would still have rights under those See More...
May 5, 2021
From an Anonymous Contractor
North CarolinaPartner at Burns, Day & Presnell, P.A
I’d first investigate whether this is, in fact a licensed contractor. All work over $30,000 would require a license. If not licensed, he’d not be entitled to collect
monies in excess of $30,000. If the contractor is licensed, and hasn’t worked at your home in 120 days, it has no legal right to file a lien at this time, as any
lien filed would be untimely and unenforceable.
monies in excess of $30,000. If the contractor is licensed, and hasn’t worked at your home in 120 days, it has no legal right to file a lien at this time, as any
lien filed would be untimely and unenforceable.
Apr 20, 2021
From an Anonymous Contractor
North CarolinaPartner at Burns, Day & Presnell, P.A
If the judgment is against him personally, and he is the only owner of his real estate, and the real estate is in Brunswick County, the judgment becomes lien
against real estate owned by contractor in the county in which judgment is rendered after the appeal period expires. It is hard to tell whether the contractor
is a company or a person. If a person and he’s married, unless your judgment is also against his spouse, you will not have any right to a lien againSee More...
against real estate owned by contractor in the county in which judgment is rendered after the appeal period expires. It is hard to tell whether the contractor
is a company or a person. If a person and he’s married, unless your judgment is also against his spouse, you will not have any right to a lien againSee More...
Feb 18, 2021
Feb 18, 2021
From an Anonymous Contractor
North CarolinaPartner at Burns, Day & Presnell, P.A
There’s a lot to unpack here. First, I’d be concerned that if you haven’t filed anything in response to the lawsuit filed in November, you could already be in
default. Obtaining a surety bond to discharge the liens is a lot like buying car insurance. You pay a premium to shift the risk from you/your asset, to the
surety/insurance company. Typically that premium is a percentage (usually less than 5%) of the 1.25 times the claimed amount under the lien. OSee More...
default. Obtaining a surety bond to discharge the liens is a lot like buying car insurance. You pay a premium to shift the risk from you/your asset, to the
surety/insurance company. Typically that premium is a percentage (usually less than 5%) of the 1.25 times the claimed amount under the lien. OSee More...
Expertise Areas
BUSINESS AND BANKING
CONTRACT AND BUSINESS DISPUTES
ENVIRONMENTAL REGULATION AND LITIGATION
ESTATE LITIGATION
ESTATE PLANNING AND TRUSTS
LIENS AND CONSTRUCTION
PERSONAL INJURY & WRONGFUL DEATH
REAL ESTATE
TRIALS AND DISPUTE RESOLUTION
UTILITY REGULATION AND RENEWABLE ENERGY DEVELOPMENT