Tate focuses his practice in the areas of construction law and commercial litigation. Tate regularly represents banking and other financial institutions in workouts, foreclosure actions and defending lender liability cases. Tate also has substantial experience representing owners, general contractors, subcontractors and suppliers in contract negotiations, construction disputes, including lien and bond claims, delay issues and construction defect cases in North Carolina and South Carolina. Tate represents automobile finance companies in defending contract claims and claims brought under various consumer protection statutes. He represents large and small commercial entities in prosecuting and defending general litigation in state and federal court throughout North Carolina and South Carolina.
Representative Experience
RBC Bank v. Thomas Darin Epps, et al. (United States District Court for the District of South Carolina) - Represented RBC Bank in lawsuit against participants in a multi-million dollar mortgage fraud scheme in Horry County, South Carolina.
Welliver McGuire, Inc. v. Members Interior Construction, Inc. (Mecklenburg County Superior Court) - Counsel for HD Supply in successful dismissal of products liability case.
White Fox Construction Co., Inc. v. Mountain Grove Baptist Church, Inc. (Caldwell County, North Carolina, Superior Court) - Appellate counsel for Mountain Grove Baptist Church in the successful reversal on appeal of a $2,000,000 judgment obtained against the Church by a general contractor. In re: 222 South Caldwell Street, LP (United States Bankruptcy Court for the Western District of North Carolina) - Represented lender in state court foreclosure and receivership action involving twenty story high-rise condominium tower in downtown Charlotte. Also represented lender in subsequent bankruptcy proceedings.
United States of America for the Use and Benefit of Cook & Boardman, Inc. v. The Broadband Companies, LLC, et al. (United States District Court for Western District of North Carolina) - Represented Cook & Boardman, a subcontractor, in prosecuting a Miller Act claim to collect amounts owed and defending counterclaims by the general contractor.
First Trust Bank v. American Equipment Leasing, LLC, et al. - Represented lender in collecting amounts due under multiple loans secured by tractor trailers and defending claims against lender.
ETW Development Company, LLC v. Bovis Lend Lease, Inc., et al. (Horry County, South Carolina Court of Common Pleas) - Represented roofing subcontractor in construction defect case brought by developer of a high-rise condominium tower in Myrtle Beach, South Carolina.
City of Gastonia v. Balfour Beatty Construction, Inc., et al. (U.S. District Court, Western District of North Carolina) - Counsel for City of Gastonia in a $30 million construction dispute involving a wastewater treatment plant.
Traylor Bros, Inc. v. J. A. Jones Construction Company, et al. (U.S. District Court, Western District of North Carolina) - Counsel for Traylor Bros in a $1 million contract dispute involving a joint venture agreement.
Author of "North Carolina Lien Law" (with Joshua B. Durham and P. Marshall Yoder), Business Credit, November/December 1999.
read all representative experienceFirm Management Responsibilities
Tate is a member of the Firm's Management Committee.