Thomas L. Ogburn III

One Wachovia Center

301 S. College Street, Suite 2300

Charlotte, NC 28202

Direct: 704.342.5258

Fax: 704.342.5264 

togburn@poynerspruill.com
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Areas of Practice

Business Litigation, Construction Law

Education

J.D., Wake Forest University, 1996

M.B.A., Wake Forest University, 1996

B.A., UNC-Chapel Hill, 1992

Profile

Tate focuses his practice in the areas of construction law and commercial litigation. Tate 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 also regularly represents banking and other financial institutions in defending lender liability cases as well as automobile finance companies in defending contract claims and claims brought under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and other 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.

Recent Cases of Note

Welliver McGuire, Inc. v. Members Interior Construction, Inc. (Mecklenburg County Superior Court)

  • Counsel for HD Supply (formerly Hughes Supply, Inc.) in products liability case.

ContraVest Const. Co. v. Humphreys & Partners Architects, L.P., et al. (Mecklenburg County Superior Court) 

  • Counsel for ContraVest in a construction defect case involving stairway landings at an apartment complex.

Richmond Hill Condo. Homeowner's Assoc., Inc. v. Richmond Hill #1, LLC, et al. (Mecklenburg  ounty Superior Court)

  • Counsel for RBC Centura in construction defect case involving defective construction of condominiums.

Course Doctors, Inc. v. Mountaineer Land Group, LLC  (North Carolina Business Court). 

  • Counsel for subcontractor in matter involving failed multi-million dollar golf course project in Mecklenburg and Cabarrus County.

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

James L. Pugh, et al. v. Ford Motor Credit Company, et al. (U.S. District Court, Middle District of North Carolina)

  • Counsel for Ford Motor Credit Company in an unfair trade practice and improper debt collection action arising out of the repossession of a motor vehicle

Professional/Community Activities

North Carolina Bar Association

Mecklenburg County Bar Association

Elizabeth Community Association – President, 2003 – 2004

American Red Cross – CPR, First Aid, Lifeguarding and Water Safety Instructor

Publications

North Carolina Lien Law (with Joshua B. Durham and P. Marshall Yoder), Business Credit, November/December 1999.

Jurisdictions Licensed

North Carolina, South Carolina