Business and Contract Disputes
Spengler & Agans represents clients in contract disputes. These conflicts range from run-of-the-mill cases for money owed to complex matters involving detailed contracts. Our experience litigating claims of breach of contract include these representative cases:
- secured a temporary restraining order (TRO) in favor of a small business (travel agency) against luxury hotels in uptown Charlotte after the hotels breached a contract for rooms during the NBA All-Star Weekend in Charlotte;
- negotiated a termination of a commercial lease agreement by a small business who alleged their leased space was uninhabitable due to mold, cockroaches, and other unsanitary conditions; and
- represented a software developer in a client dispute over an alleged breach of contract for the development of an app.
Businesses, like people, sometimes go through a divorce. And the allegations in business divorces often include an allegation that one of the partners is “cheating” on the other, by spending company funds on personal items. A business divorce may be necessary when two or more owners of a company are at an impasse and cannot agree on how the business should be managed.
The goal in a business divorce is for an amicable dissolution, where the business can continue on without one or more partners who receive a buyout. But if all else fails, the courts can order the dissolution of a company and the liquidation of its assets to be distributed to the members of the company. This outcome resembles an equitable distribution of sorts.
At Spengler & Agans, we have experience in cases of business divorces, successfully negotiating outcomes in these representative cases:
- filed a lawsuit that resulted in the sale and distribution of the assets of a two-member LLC that owned real estate development property, including a half-built house, where the members of the LLC could no longer speak to each other; and
- arranged for the buyout of an inactive partner in a real estate development company, in a case involving complicated financial accounting so that the company could continue its profitable operations
Homeowners associations (HOAs) have become a popular feature of real estate development. In the 1980s, North Carolina passed the N.C. Condominium Act, a comprehensive statute that governs HOAs. Disputes between homeowners and the HOA’s board of directors are a common problem. Many HOAs are governed by inactive boards that allow property management companies to prioritize their profit line over the best interests of the homeowners. HOAs in an economically distressed condition can pose other unique challenges to unit owners.
Spengler & Agans has experience litigating on behalf of homeowners in these representative cases:
- won summary judgment in favor of a second-floor homeowner who was forced to move out of her unit after raw sewage and black mold accumulated in the first-floor unit after years of neglect and unanswered complaints by the HOA; and
- represented a homeowner who alleged the unit’s water pipes were cut off by HOA’s agent after the unit owner refused to sign a contract for the property management company to manage the leasing of the unit
The residential construction market in Charlotte is booming, as new houses are being built at a record pace. This rapid development brings a set of legal challenges, including the increasing prevalence of disreputable and unlicensed general contractors (G.C.s) who stiff subcontractors and homeowners alike. On the flip side, contractors who perform quality work may not be paid by persnickety homeowners who can never be satisfied.
At Spengler & Agans, we have experience representing both homeowners and contractors in residential construction matters. Common issues that arise relate to G.C. licensing requirements and placing mechanic’s liens on residential real estate for non-payment. A mechanic’s lien is a powerful tool for contractors to collect on overdue invoices. The law in North Carolina includes short deadlines for filing a mechanic’s liens, so do not delay in scheduling a consultation before it is too late.
Spengler & Agans has experience litigating residential construction disputes in these representative cases:
- represented various homeowners in actions against contractors who skipped the job after receiving down payments on work that was never performed;
- enforced mechanic’s liens against a homeowner who refused to pay the final draw to a homebuilder;
- defended a general contractor from liability in a claim involving agency law and an allegation that the G.C. allowed another contractor to use the G.C.’s license; and
- represented homeowner in a case alleging that the negligence of an HVAC resulted in widespread mold throughout house.