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| Daniel Coker Horton & Bell has handled a broad spectrum of business and commercial litigation and transactions which has often involved issues of critical importance to their clients. The firmís focus on litigation assures the highest level of procedural and technical competence whether the conflict is before an administrative body, an arbitration panel, a trial court or an appellate panel. The firm's attorneys practicing in this area bring an understanding of the substantive law and a baseline knowledge of related businesses and professions which are necessary to effectively and efficiently handle disputes ranging from basic contract disputes to complex cases involving a multitude of diverse facts, issues and parties. Several areas in which the firm's lawyers have extensive experience are discussed below. Case specific experience is available on request. |
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DCHB's attorneys have represented clients in significant commercial disputes ranging from antitrust to Regulation Z. These cases involve both internal business disputes and claims involving third parties. For example, we have represented shareholders in close corporations and partners in general and limited partnerships when disputes have arisen over the ownership, management or break-up of the business; and we have also defended and prosecuted cases involving claims of antitrust violations, business interruption and destruction, consumer credit fraud, non-competition and non-solicitation agreements, real estate transactions, securities fraud and breach of fiduciary duty. |
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Daniel, Coker Horton & Bell also offers planning and transactions assistance for businesses, such as in areas relating to entity formation and governance, commercial contracts formation, and asset sales and acquisitions.
As a result of the increasing trend of resolving business disputes in the courts rather than through cooperative negotiations, our attorneys have been engaged with growing frequency to assist clients in the negotiation of their business contracts with a view toward avoiding litigation through the anticipation of potential problems and the thoughtful application of alternative dispute resolution ("ADR") mechanisms. As our clients have learned, mandatory arbitration alone is not the panacea many once believed, and the structuring of ADR provisions requires careful attention. If the parties cannot resolve their disputes and are headed toward a formal dispute resolution mechanism, we provide advice and counsel to maximize the clientís potential for a favorable outcome. |
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DCHB's attorneys have represented owners, contractors, subcontractors and material suppliers in every aspect of public and private construction, including initial contracting, construction contract performance disputes, and construction defect litigation.
Construction cases often involve a multitude of parties with complex business, contractual and insurance relationships, all of which DCHB is particularly suited to handle. With a thorough knowledge of the construction industry and its contracts and practices, our attorneys have successfully represented a wide range of construction clients. Our experience covers the spectrum of construction law cases, including:
• Original contract negotiation;
• Contract disputes involving performance of commercial, industrial, and multi-unit
design build, negotiated price, cost plus, and cost contracts;
• Construction delay claims;
• Construction defect claims (sometimes arising years after substantial completion
and owner acceptance);
• UCC contracting and breach of warranty claims on industrial and commercial
construction;
• Consolidated actions alleging widespread construction defects and building code
violations in high-rise condominiums; and
• Foundation (commercial and residential) claims. |
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Over the last 35 years the complex relationships between the providers of products and/or services and the independent businesses making up their distribution system have stimulated the development of a body of law recognizing the unique aspects of these business relationships. Independent of these business relationship issues, the operations of dealers, distributors and franchisees implicate everything from agency to zoning issues which may be beyond the experience of a trial judge called upon to apply seemingly well-developed law to a uniquely different situation.
Our attorneys represent clients in every aspect of dealer, distributor and franchise operations and disputes throughout the development of this body of law, including the law of bad faith and non-traditional fiduciary duties, the application of arbitration and other alternative dispute resolution processes, and the refinement of contract law as it applies to these complex business relationships. |
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DCHB has represented sureties on fidelity and surety claims since the early 1950's. These areas of practice require a broad base of diverse legal knowledge plus an understanding of the mechanics and practices involved in banking transactions and of the commercial construction industry in which contract surety bonds are written. The firm's fidelity experience includes the defense of claims made by lending and other institutions. In the area of contract surety bonds, the firm has handled a number of claims arising from bonded contractor defaults and insolvencies. The services provided include takeover agreements and the engagement of replacement contractors, resolution of claims on the payment and performance bonds, and the ultimate pursuit of salvage and indemnity claims. |
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