Is a settlement offer binding in a construction accident case?
In North Carolina, a settlement offer is not necessarily binding for a construction accident case. There are certain conditions to consider when determining whether a settlements offer is binding. When negotiating a settlement, it is important to understand the contract language used. In some cases, a settlement offer may be written as “binding” or “non-binding.” A binding settlement offer requires both parties to follow through with the agreement made in the offer. If one side refuses to fulfill the agreement, they could be held liable for breach of contract. A non-binding settlement offer does not require both parties to follow through with the agreement. Although a non-binding offer could still be accepted, either party could still choose to walk away from the offer. If both parties agree and sign the settlement agreement, the terms of the settlement become binding. In addition to understanding the language of the settlement offer, it is important to consider any changes that may have been made to the original offer. If there have been changes made in the original offer, a new contract must be formed and signed by both parties to make the terms binding. Overall, a settlement offer is not always binding in construction accident cases in North Carolina. By understanding the language used in the settlement offer and by considering any changes made to the original offer, both parties can determine whether the offer is binding or non-binding.
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