GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 35

Short Title:  Attorneys' Fees/New Homes.	(Public)
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Sponsors: Representatives Hasty, Easterling, Ligon, Lineberry, Privette, Woodard; Pope and Warner.
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Referred to:  Judiciary I.
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February 11, 1991

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE COURT TO AWARD REASONABLE ATTORNEYS' FEES TO PREVAILING PLAINTIFFS IN CLAIMS INVOLVING HOME CONSTRUCTION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 6 of the General Statutes is amended by adding a new section to read:
"§ 6-21.6.  Attorneys' fees in cases involving newly constructed homes.
In any civil claim brought by a homeowner or homeowners association against a general contractor, whether licensed under Article 1 of Chapter 87 of the General Statutes or unlicensed in violation of Article 1, for fraud, unfair or deceptive commercial act or practice, negligence, breach of contract, breach of express warranty or breach of implied warranty arising out of the construction or alteration of one or more residential dwelling units in this State, the court shall award reasonable attorneys' fees to the homeowner or homeowners association if that party substantially prevails in its claim.  Such attorneys' fees shall be based on the actual time expended by counsel for the homeowner or homeowners association unless the court determines as a matter of fact that specific time expended was not reasonably necessary to prevail in the claim."
Sec. 2.  This act is effective upon ratification and applies to claims filed on or after that date.