Business Disputes - For Small Businesses
Anderson Legal is committed to helping North Carolina companies to protect themselves in legal disputes. To accomplish this goal, we are proud to offer our business litigation services to corporations, LLCs, partnerships, and other business entities operating in the Tar Heel State.
What is Business Litigation?
In simple terms, business litigation deals with disputes that relate to commercial enterprises. In many cases, these disputes may be between multiple companies and their representatives. However, in some instances, such disputes can be internal – between shareholders or partners in a business.
Whether your small business is dealing with an external or internal dispute, Anderson Legal can help.
What Business Litigation Services Does Anderson Legal Offer?
As part of our commitment to helping North Carolina companies thrive, Anderson Legal is proud to assist with:
- Fraud and mismanagement claims
- Litigation against fiduciaries
- Contract disputes
- Business dissolution disputes
- Derivative actions
- Business torts
- Breaches of contract
In short, the Anderson Legal team has the knowledge and experience to handle just about all of your company’s legal needs. To set up an in-person consultation, just give us a call or contact us online.
How Can Anderson Legal Help You with Your Business Litigation Needs?
When you hire Anderson Legal to help you resolve your business dispute, what should you expect? Well, though every situation is different, you can usually expect that we will assist you by:
Providing You with Sound Legal Advice
When an internal or external business dispute arises, it can be tough to know how to proceed. In some cases, you may not even know what your options are.
Fortunately, the Anderson Legal team is available to help. When you hire us, we will walk you through the possible solutions to your issue and provide you with our knowledgeable opinion on the best path forward.
Negotiating with the Other Party
Many business disputes can be resolved by sitting down with the other party and negotiating a deal that allows everybody to walk away feeling happy. In order to make this happen, however, you will need to have a skilled negotiator on your side.
At Anderson Legal, we understand how to convince shareholders, corporate officers and executives to find common ground and settle on an amicable solution to the issue at hand. When you work with us, we will work tirelessly to negotiate a resolution that fits your needs.
Representing You in Court
If the other party is unwilling to resolve your dispute through negotiation, your case may end up going to court. There, a judge or a jury will review the specifics of the dispute and make a ruling on the rights and responsibilities of both parties.
Should your case wind up going to court, you can count on your Anderson Legal business litigation attorney to provide you with vigorous representation. We will use our knowledge of the law and experience in the legal industry to argue your case in a way that is likely to resonate with the decision makers.
Resolve Your Business Dispute with Anderson Legal
Do you need assistance with a business dispute? If so, please do not hesitate to contact Anderson Legal at (919) 228–9532. We will be happy to set up a consultation to review your case and let you know more about how we can help you resolve it.
Construction Disputes - For Construction Companies
Construction projects tend to be complex. While carrying out these projects, North Carolina construction companies often find themselves having to navigate challenges such as:
- Cash flow issues
- Changing weather conditions
- Strict laws and regulations
- Design changes
- Unrealistic expectations
It is not unusual for these challenges to cause disputes between the construction company, their client, and other parties. Such disputes have the potential to turn into serious legal issues, causing all involved to spend large sums of money, and at times, stalling the project.
If you find yourself or your small business dealing with this nightmare scenario, don’t panic. Help is available. Anderson Legal can provide you with the advice and guidance needed to get your construction business back on track.
Which Construction Issues Can Anderson Legal Help With?
At Anderson Legal, we pride ourselves on our ability to provide a full suite of construction litigation services to our friends and neighbors in North Carolina. A non-exhaustive list of the issues we can help you with includes:
Generally, a construction defect is a defect in the design, material or workmanship that impacts the mechanical systems, building components or structure of a construction project. When this happens, claims for breach of contract, breach of warranty, or negligence are almost certain to follow.
Mechanic’s Lien Enforcement
Under North Carolina law, if a client is unwilling or unable to pay their construction company, architect, or materials supplier, a mechanic’s lien may be placed on the subject property. This lien allows the professional to file a lawsuit and foreclose on the property to recover the monies owed to them. Liens on funds are also available to subcontractors.
In the construction industry, contracts are essential. They outline the rules and promises the parties agreed upon. When one party violates the terms of the contract, however, legal disputes are sure to follow.
The Anderson Legal Difference
Anderson Legal is a little different than most law firms in North Carolina. When you work with us, you will enjoy:
The team here at Anderson Legal believes that it is important to take the time to get to know our clients and the issues that they face. When you hire us, we will provide you with regular updates on your case and keep your best interests at heart at all times.
Experienced Legal Representation
At Anderson Legal, we are experienced in construction law and have a strong understanding of the construction industry, making us a great resource for construction companies. We have the knowledge and skill needed to help you resolve your construction issues as quickly and painlessly as possible.
At Anderson Legal, we understand how frustrating construction disputes can be. If you are struggling with any of the issues outlined above, please do not hesitate to call us at (919) 228–9532 to set up an initial consultation. We would be happy to review the details of your situation and walk you through your options.
Commercial Debt Collection - For Small Businesses
Understanding Commercial Debt in North Carolina
Put simply, commercial debt is any debt owed by one business to another. This debt is usually used to pay for services, materials, or operating costs.
Commercial debt generally falls into one of the following categories:
Secured commercial debt refers to any monies owed for which a tangible asset was used as collateral. A brief list of some assets which are often used as collateral would include:
- Real estate
In some cases, funds can also be used as security. Creditors who are faced with a default on a secured commercial debt may be able to reposes the collateral to satisfy the outstanding amounts. At Anderson Legal, an experienced accounts receivable collection attorney can help creditors repossess the collateral assets.
Unsecured commercial debt refers to any monies owed that are not tied to any tangible assets. Some common examples of unsecured debt include:
- Unpaid rent
- Unpaid service invoices
- Unpaid business loans
- Unpaid utility bills
Failing to pay an unsecured debt is usually considered to be a breach of contract. Since there are no assets to repossess, it can often be quite tricky to collect on unsecured debt. If you are owed money for unsecured commercial debt, please reach out to Anderson Legal to learn more about your options.
How Insolvency May Impact Commercial Debt Collection in North Carolina
Businesses that are insolvent do not have the financial ability to pay their debts – making the accounts receivable collection process very tricky. When an organization becomes insolvent, they have two main options:
Restructure Their Debt
Companies who are dealing with financial issues often seek to restructure their commercial debt to help them get back on their feet. In some cases, restructuring may mean spreading payments out over several years instead of being forced to pay as a lump sum. In other instances, it may mean looking for a discount on the monies owed. At Anderson Legal we can help creditors ensure their interests are adequately protected in restructure arrangements.
When struggling businesses are unable to restructure or otherwise pay off their debts, they often resort to bankruptcy. Once the bankruptcy paperwork has been filed, the company’s assets will be sold off and the proceeds will be used to pay back their creditors in the following order:
- Secured debts
- Priority debts
- Unsecured debts
Because they are last in line to collect, unsecured creditors often receive little or no money at the end of the bankruptcy process.
At Anderson Legal, we want to make sure that our clients do not waste time and money taking legal action against a company that will never be able to pay them. To accomplish this goal, we work diligently to analyze the financial health of debtors before advising our clients on the best path forward.
A Commercial Debt Collection Law Firm You Can Count On
Anderson Legal is proud to provide commercial debt collection services to small businesses throughout North Carolina. To set up a consultation, just give us a call at (919) 228–9532.
Commercial Tenant and Landlord - For Small Businesses
Anderson Legal represents both commercial tenants and landlords in leasing disputes. The most common disputes between commercial landlords and tenants relate to the tenant’s failure to pay rent as well as disagreements between the parties on maintenance responsibilities.
In matters related to payment disputes, Anderson Legal can assist in summery ejectment cases and settlements.
The summary ejectment process is a legal proceeding where the landlord petitions the court to evict the tenant. Summery ejectments are brought before magistrates in small claims courts in the county where the leased property is located. Like any legal proceeding, there are strict rules and deadlines for having your case heard. If the landlord succeeds in showing that the tenant should be evicted, the magistrate will enter an order granting the landlord legal possession of the premises. Once the order becomes final, the sheriff will evict the tenant.
With respect to maintenances disputes, in North Carolina, the commercial landlord is generally responsible for maintaining the common areas of commercial centers. However, unlike residential landlords, commercial landlords in North Carolina are not required to maintain the leased premises unless the lease states otherwise. Generally, it is the commercial tenant’s responsibility to maintain the shop space that it is leasing. Nevertheless, the terms of the lease will determine the respective responsibilities of the commercial tenant and commercial landlord.
If you are currently facing a situation pertaining to your commercial landlord/tennant relationship, please contact us today. Anderson Legal will review all the facts and circumstances of your situation and develop a strategy that works best for you.
Real Estate Disputes
- Adverse possession claims
- Reformation actions
- Easement disputes
- Partition actions
- Ownership disputes
- Boundary disputes
- Lease issues
- Breach of contract issues
- Quiet Title
What is a Quiet Title Action?
A quiet title action is a common claim for parties involved in land disputes. When two or more parties cannot agree as to who is entitled to what with respect to certain land, a claim for quiet title can be filed and the court will determine each party’s claim to the land.
For more information on how to bring a quiet title action, please reach out to the Anderson Legal team. We will be more than happy to assist you with the process.
When Can a Quiet Title Action Be Brought?
In the state of North Carolina, a quiet title action can generally be brought in the Superior Court for the county where the land is located.
Some common examples of disputes that may be resolved by bringing a quiet title action include:
Boundary disputes most often arise when a property owner builds a wall or fence on a plot of land that a neighbor believes belongs to them. Such disputes can also arise during the purchase or sale of land – since buyers want to know exactly how much property they will be purchasing. No matter how the dispute crops up, it can usually be resolved by bringing a quiet title action.
An easement can generally be described as a party’s right to use land, usually for a specific purpose, without actually owning the land. Under North Carolina law, there are numerous ways in which an easement can be created. Easement disputes arise when parties are in a disagreement over the existence of an easement or over the scope of the easement. A quiet title action can be brought if the parties involved wish to clarify or determine their respective rights to the land and the easement.
Adverse Possession Disputes
Adverse possession disputes arise when a trespasser occupies land for a significant length of time and states that they have, therefore, legally acquired the property from the record owner.
Under North Carolina law, the trespasser must meet all of the following criteria to successfully acquire the land:
- The trespasser must occupy the land in an “open and notorious” manner. This means that the trespasser uses the land in a way that is obvious. This gives the owner an opportunity to remove the trespasser;
- The trespasser must use the land in a “hostile manner.” Usually, this means that the owner has not given the trespasser permission to use the land;
- The trespasser must have exclusive use of the land as if they were the owner;
- The trespasser must use the land continuously as if they were the owner; and
- In most cases, the trespasser must use the land for a period of 20 years. This period of time is shortened to 7 years if the trespasser has reason to believe that they have rights to the land.
The claims of the trespasser and the record owner can be evaluated and ruled on by a state court judge when either party brings a quiet title action.
Anderson Legal – Your Trusted Real Estate Litigation Law Firm
Anderson Legal represents North Carolina developers, landowners, tenants, and lenders in their land deals and real estate litigation cases. If you need assistance with a real estate dispute please do not hesitate to give us a call at (919) 228–9532. We would be happy to set up an in-person consultation to tell you more about how we can help.
Construction Disputes - For Homeowners
There are few things more devastating than moving into your newly constructed home or finishing a renovation only to find a problem that affects your home and your family’s safety. At Anderson Legal, we understand how overwhelming the situation might feel and how daunting of a task it may seem to remedy the situation. We all know that builders will do what they can to avoid costly repairs on homes. It is simply is not fair for you to pay the price for their mistakes.
However, you must act quickly. Generally, no construction defect claim can be filed more than six (6) years after the contractor’s or builder’s last act. This time frame can be further shortened based on when you discover or should have discovered the defect. Once you discover the defect, you have three years to bring your claims. In certain situations, contracts and written warranty documents can alter these time frames. This means that time is of the essence when dealing with these types of situations and homeowners should act as soon as they discover a problem.
Further, under North Carolina law, contractors and builders warranty their work under implied and express warranties. In undertaking a project, a contractor or builder automatically provides implied warranties ensuring the owner that the project will be completed to certain basic standards. Common implied warranties include the warranty of workmanship and the warranty of habitability. The warranty of workmanship assures that the work will be completed in accordance with standards of a skilled workman. The warranty of habitability assures that the home will be safe from substantial defects that are not immediately visible. Additionally, many contractors and builders will provide some form of an express warranty, which is a written or verbal assurance. A construction defect within your home or property may mean that the contractor or builder has failed to abide by one or more of these warranties and you may have a claim against them.
In addition to warranty claims, defective construction may give rise to many other types of claims. If you believe a contractor or builder has performed defective work on your home or property, seek the help of an attorney to evaluate your case and develop a strategy that is best for you.
Anderson Legal is experienced with handling construction defect matters and can guide you through the process of getting a home builder or contractor to remedy the construction defects or pay for your damages.
The process of building or renovating a home is filled with unexpected challenges. As expected, a common cause of conflict between homeowners and construction professionals relates to payments. Whether it is a dispute related to the timing of the payment or the amount owed, payment issues can bring homeowners a lot of grief.
All too often, the price of a construction project changes as the project progresses. While a project is often estimated to include certain overages to create a cushion of sorts, it is very common for projects to go beyond this cushion and accrue additional expenses. Typically, the contract will address how these situations should be handled. Frequently, owners and contractors disagree on what can be considered additional work that requires additional costs. If you are ever uncertain about whether additional work needs to be done on the project, or what the additional cost will be, you should seek to clarify this before the additional work begins. Contractors may try to pressure you by saying that they have their “guys on site and ready to go” or may threaten with schedule delays if the work is not completed immediately. Although the delays may be real, you should always fully understand what to expect before proceeding.
If the contractor believes it has not been paid for work it has completed, the contractor has the ability to place a mechanic’s lien on the property it worked on and bring a lawsuit against the owner and the parties it contracted with for the work. The lien serves as a protection for the contractor and secures the amounts the contractor is owed by the owner with the real property where the contractor performed the work. This means that if the contractor successfully enforces the mechanic’s lien, you may lose your house to a court auction. If a lien has been placed on your property, you should seek legal counsel immediately as you may be facing serious liability.
Regardless of the nature of payment dispute against a contractor, homeowners can benefit from seeking the help of an attorney. An attorney can review all the documents and facts related to the matter and identify the owner’s defenses. The attorney may also negotiate a settlement with the contractor so you can avoid costly litigation. At Anderson Legal, we are experienced at handling payment disputes. We will dedicate our time and passion to defending you and your home.
In addition to construction defects and payment disputes, Anderson Legal handles all contract disputes that arise from new home construction and remodel projects.
Contracts are agreements between two or more parties that can cover almost any subject. A contract requires an offer, acceptance and consideration. These elements come in various shapes and sizes but must exist in order for a legally enforceable contract to exist.
A dispute arises simply when either party to the contract disagrees about any aspect or element of the agreement or refuses to perform a promise it make under the contract. Some disputes involve a breach of contract, but not all disputes are considered a breach of contract.
It is best to consult with an attorney if you feel that a breach has occurred or if other contract disputes arise. Even seemingly simple contractual transactions can quickly become convoluted when the parties are in conflict. For that reason, it is best to have an attorney assist you in navigating through this process.
At Anderson Legal, we are experienced in various types of contract disputes. We will commit our time and passion to ensure that you are well represented in your contract matter.
When the District Court or Superior Court make their final decision in a case or make a decision that substantially effects the rights of one or more parties, someone will inevitably be unhappy. The dissatisfied party may choose to appeal their case to the North Carolina Court of Appeals. Later in the process, the party that losses before the Court of Appeals may attempt to take its case to the North Carolina Supreme Court. Whether you are the party appealing or forced to defend an appeal, this can be a challenging process.
The rules that pertain to the appeals process are very detailed and can often be confusing to anyone that has not been through an appeal. Deadlines are very strict and so are the rules pertaining to formatting, word limits, and even the scope of your argument.
While some people mistake an appeal as a second chance at their case, that is not always the case. Generally, the appellate courts do not reconsider the trial court’s findings of fact. Usually, the Court of Appeals and North Carolina Supreme Court only review the lower court’s application of law. Therefore, if you disagree with the facts the trial court found to be true, in most cases, you will not get a second chance at convincing the court of your version of the facts.
Although the process is very strict and highly detailed, Anderson Legal has the experience to advise you on all matters pertaining to the process and help you identify areas where mistakes may have been made by the lower court. There are strict deadlines for appellate cases, so contact us today if you have any questions about your appeal.