Thomas L. Ogburn

Partner
301 S. College Street, Suite 2900, Charlotte, NC 28202

t: 704.342.5258

f: 704.342.5264

t:

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Tate's practice focuses on construction law and commercial litigation. He 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

Woodson v. DLI Properties, et al. (South Carolina Supreme Court) - Successfully obtained dismissal of claims against Allen Tate Co., Inc. and its agent for fraud, negligent misrepresentation, and violations of South Carolina's unfair trade practices act arising from failed negotiations concerning the sale of a parcel of real property. As part of the decision from the South Carolina Supreme Court, the Court overruled a decision of the South Carolina Court of Appeals requiring orders granting summary judgment to contain factual findings and legal conclusions.

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.

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I understand and agree that Poyner Spruill LLP will have no obligation to keep confidential the information that I am now sending to the firm.