Are you in a heated disagreement over how your business should be run, who’s entitled to an inherited property, or who’s responsible for a failing or failed construction project? Unfortunately, these matters can’t always be resolved through simple discussions among the parties involved, and legal action may be necessary. If you need to file a lawsuit against an individual or organization but don’t know what the first step should be, we at Caulder & Valentine can be your guide.
Our civil litigation practice uses a solutions-focused approach to matters involving contract and construction disputes, estate and guardianship litigation, business disputes, and partitions. These matters are often complex, so our attorneys look at the big picture and examine the details and relevant case law — all the while putting your needs, goals, and best interests first.
Whether your dispute has the potential to be settled out of court or if it must be tried to a verdict or judgment, we’re ready to be your trusted advocate. Contact us today for a consultation with an experienced North Carolina civil litigation lawyer. We serve clients in Rutherford, Cleveland, Lincoln, and Gaston counties.
Contract Disputes
Contracts are the foundation of virtually all business relationships. They include ownership agreements, real estate transactions, partnership agreements, and business deals. However, even a contract that seems to cover all the bases could fail those whose livelihood, company, or, as is often the case, investment depends on it. Whether it’s vague language, misunderstandings, or changed circumstances, the parties could find themselves in conflict with one another.
Some of the most common types of contract disputes include the following:
Terms of a lease agreement, including rent, deposits, liabilities, and responsibilities
Disagreements over conditions due to unclear or complicated language
Failure to provide a service or good as promised
Misrepresentation or omission of material facts
Invalid agreement due to coercion or fraud
The damages you could recover in a contract dispute may include the following:
- Expectation damages, which are usually equal to what the non-breaching party expected to get under the terms of the contract
- Consequential damages, such as lost profits, loss of business, and damage to reputation
- Liquidated damages, which are spelled out in a contract and detail what each party may owe in the event of a breach
- Punitive damages, which a court can order if a contract is breached due to bad faith and fraudulent actions
- Rescission/nullification of the contract, if it’s inherently flawed due to problems with its formation or its terms are unlawful
- Specific performance, meaning that a party to the contract must fulfill its terms as written, as is common in real estate contracts
- Attorney’s fees and litigation costs, if such a provision is detailed in the agreement
Many other remedies could be available depending on your situation. Reach out to Caulder & Valentine today to schedule a consultation. We can assess your case and advise you on the best steps.
Business Disputes
If you own or operate a business, you want your good name, your reputation, and your relations with clients and customers to be secure. However, another party’s wrongful act could threaten or harm everything you’ve worked for. If that happens, an experienced business litigation lawyer can be the one to help protect your interests.
Business litigation cases generally involve the following matters:
- Breach of contract, which is a failure to fulfill a contract’s agreed-upon terms
- Fraud, where you acted in good faith when entering a contract, but the other party caused intentional financial harm
- Interference with a contract, in which another individual or business unfairly obstructed your contractual relations with a third party
- Breach of fiduciary responsibility, where a trustee, corporate board member, corporate officer, or administrator did not act in the best interest of another party
- Deceptive trade practices, in which a party misleads the recipients of goods or services or falsely represents the characteristics, benefits, or certification of a good or service
- Partnership disputes, where differences in business compensation, ownership, and management cannot be resolved without a lawyer’s involvement
Making the decision whether to engage in business litigation is not an easy one. That’s because these cases usually involve the following:
- Combing through hundreds or even thousands of documents
- Finding and investigating evidence
- Consulting business and financial experts
- Drafting and responding to numerous court motions
- Participating in court proceedings
This kind of litigation may also extend several years, especially when large amounts of money are at stake and complicated issues must be addressed. At Caulder & Valentine, we can assess your situation and provide the best legal options. Get in touch with us today to schedule a consultation.
Partition Actions
Some parents may decide to put in their will that they leave their real property and real estate assets to their children, other family members, or other heirs. However, conflicts arise when one or more of the recipients wants to sell the jointly owned property but the others don’t, or if there’s a disagreement over dividing proceeds from the sale.
In a partition action, the parties can settle the dispute by splitting the property, selling it to a new owner, or allowing one or more of the current owners to buy out the others. There are different remedies the property owner(s) may seek, such as the following:
- Partition in Kind – This option would equitably divide the property among multiple owners, allowing each party individual control to sell, hold, or develop the property as they wish. It’s typically used for undeveloped land due to the ease of physical division.
- Partition by Sale – This process involves selling a property and distributing the proceeds among owners based on their interests. It’s an option that’s ideal for homes or developed properties that are difficult to physically divide.
Actions Regarding the Title of Real Property
If you claim that you own a property but you’re facing disputes over whether you actually do, you may want to (or could be forced to) take an action regarding the title of real property. In doing so, you could “clear” or “quiet” the title, which would remove any legal doubts over your ownership, especially if you want to sell or refinance the property.
There are different approaches based on what has happened or what you’re striving to achieve. One of them is a quiet title action. This is a lawsuit to establish a party’s ownership of real property against any and all conflicting claims. Common reasons for a quiet title action include a public records error, a boundary dispute, an unresolved lien, or a fraudulent deed (forged or obtained under duress).
At Caulder & Valentine, our attorneys can put the solution you’re seeking into motion, working with the court to clear things up and get your property rights solidified.
Estate Litigation
Estate litigation often becomes necessary when there are legal disputes among the beneficiaries, heirs, or other parties regarding an inherited estate. They may involve questions over who’s entitled to heirlooms, money, real estate, and other inherited assets. These complex, emotionally charged conflicts make it difficult for trustees, executors, and personal representatives to fulfill their legal duties.
If you’re in the midst of any of these challenges, our experienced estate litigation attorneys want to ensure your legal rights are protected. We can review your situation at a consultation.
Guardianship Litigation
When an adult or minor has a cognitive decline, illness, or trauma, they may lack the capacity to do important things. These include managing their affairs and making important decisions over family, property, or personal matters. This typically leads to guardianship litigation, in which the court appoints a guardian to make the person’s (called a ward) decisions.
However, there are often disagreements over who should be appointed guardian, the powers they should have, and the type of care the ward would need. In addition, if the ward’s family believes the guardian isn’t acting properly, they can petition the court to terminate or modify the guardianship.
Common guardianship litigation issues include the following:
- Contested Appointment of a Guardian – When multiple family members or interested parties seek to be appointed guardian, or object to a specific candidate, the court must resolve the dispute. The central issue is determining who would best serve the ward’s interests, and it involves reviewing whether there are conflicts of interest, a criminal history, or a general pattern of financial mismanagement.
- Breaches of Fiduciary Duty and Conflicts – If the family and interested parties believe the guardian is not acting properly, they may litigate to modify the court’s order or address the court with their concerns about the guardianship. Common breaches include neglecting the ward’s needs or care, mismanaging property or finances, or failing to file proper accountings with the court.
- Petitions to Terminate or Modify Guardianship – There can be times when a ward or interested party may seek to end or alter a guardianship. These include the ward regaining sufficient capacity to manage their own affairs, if the ward’s needs have changed or if the guardian’s duties are too restrictive, or if the guardian is found to be unfit or unable to fulfill their duties and a successor should be chosen.
Contact a Civil Litigation Lawyer in North Carolina Today
The outcome of a civil law case can have a profound effect on a company’s operations, a person’s future, and a family’s dynamics. At Caulder & Valentine, our North Carolina civil litigation attorneys have the necessary skills to handle these intricate matters. We possess the know-how to craft customized strategies, and we’re fearless when presenting a compelling argument for you in court.
Reach out to us today to schedule a consultation. We serve clients in Cleveland, Rutherford, Gaston, and Lincoln counties.