https://mcgrathspielbergerblog.wordpress.com http://mcgrathspielberger.weebly.com

Attorney Lee A. Peindl

Licensure

Mr. Peindl is licensed in North Carolina, and admitted to practice in the Federal Courts in the Western, Middle, and Eastern Districts of North Carolina.

Areas of Practice

Mr. Peindl provides services in numerous areas of the law. This includes, but is not limited to the following.

Commercial Litigation and Contracts for the construction industry, including prosecution and defense of state and federal lien and bond claims, delay and acceleration claims, and project impact.

Contract drafting, negotiation, and interpretation.

Trials, mediation and arbitration.

Business and trade litigation including unfair competition, covenants-not-to-compete, interference with contract, shareholder and corporate governance disputes, and unfair and deceptive trade practices.

Commercial real estate litigation including title, land use, and boundary disputes.

Creditors’ rights in bankruptcy and preference/fraudulent transfer defense, collateral recovery, UCC Article 9 security interests.

Mortgage foreclosures and other lien enforcement actions.

Eminent Domain.

Experience

Mr. Peindl has been practicing law continuously since 2003. He spent eight (8) years as an attorney at Mullen Holland & Cooper, P.A., building the construction law and commercial litigation practices. He continued his commercial litigation and construction law practices, and branched out into several new areas at subsequent firms. During that time, Mr. Peindl has accomplished many goals for his clients, including the following:

Construction Litigation & Bankruptcy

Construction. Represented construction contractors, subcontractors, suppliers, sureties, and owners in the prosecution and defense of project claims, mechanics’ lien and Miller Act bond claims, contract formation, delays, impact, and other commercial construction litigation, including UCC issues, in federal and state courts and in mediation and arbitration.

Representative Construction-Related Matters

  • Handled lien and bond claim litigation and large collection matters for commercial construction sub-contractors.

Major clients included:

  • Manufacturers of commercial elevator, fire alarm systems, commercial fire suppression systems, food service equipment, glass, and heavy construction equipment.
  • HVAC contractors, lumber companies, lighting suppliers, and casework subcontractors.
  • Recovered 100% of $1.4 million lien by boiler manufacturer involved in bio-fuels project.
  • Negotiated $1.2 million lien for major elevator company with general contractor and owner.
  • Represented sub-contractors in lawsuits involving construction delays and project impact.
  • Represented specialty HVAC contractor in $500,000 lawsuit against major business, recovering 85% of claim before scheduled mediation.

Bankruptcy. Represented unsecured and secured creditors in Chapter 11 and Chapter 7 bankruptcy proceedings, including preference and avoidance actions.

Eminent Domain. Represented organizations and individuals in eminent domain proceedings and litigation and resolving matters to prevent protracted litigation and costly appraisals.

Other Business Matters

  • Handled business tort, debt collections, breach of contract, covenants-not-to-compete and lease disputes. Advised contractors, subcontractors, and owners in negotiating and drafting construction contracts, handling licensing issues, and providing business advice regarding construction-related disputes to keep projects alive and prevent court actions.
  • Served as Outside Counsel to Gaston Aquatics Center, preparing 501(c)(3) and handling state incorporation

Education

Case Western Reserve University School of Law, Cleveland, Ohio

Juris Doctor, May 2002

  • The Order of The Barristers | Dean’s List
  • Chairman, Case Western Moot Court Board | Sweet Sixteen Finalist, Dean Dunmore Moot Court Competition
  • Case Western Student Leadership Award

Westminster College, New Wilmington, Pennsylvania

Bachelor of Arts in Political Science, May 1999

  • College Appeals Board, Member 1997–1998
  • Vice President, 1998–1999; Secretary, 1997–1998; Alumni Chair, 1996–1997, Theta Chi Fraternity

Leadership & Professional Activities

  • Associated Builders and Contractors, Inc., Governmental Affairs Committee
  • US Green Building Council, Charlotte Chapter
  • National Association of Credit Managers
  • North Carolina Super Lawyers “Rising Star” (2010–2015)
  • Chairman, Gaston County Chapter of American Red Cross Board (2010–2013)
  • President, Gaston County Bar Association (2007–2008)
  • President, Gastonia Jaycees (2004–2005)
  • Leadership Gaston Program, Gaston County Chamber of Commerce (2002–2003)
  • EMT, Medic Rescue Ambulance Service, Beaver, Pennsylvania (1996–1999)

Publications and Seminars

  • Panelist and Author: “Construction Law 2013: Practice Smarter, Not Harder.” North Carolina Bar Association (2013)
  • Speaker and Author: “Important Changes to North Carolina’s Mechanics’ Lien Law.” Mecklenburg County Bar (2012)
  • Author: “What Default?  Carolina Building Windows & Doors,” Change Order Vol. 23 No. 2 (2009)
  • Speaker and Author: “Managing Construction Projects,” Lorman (2008)
  • Speaker and Author: “Determining Compensation and Managing Your Workers’ Compensation Case,” National Business

Institute (2008)

· Author: “Attorneys Fees in Lien and Bond Cases,” Change Order Vol. 19 No. 3 (2005)
· Co-Author: “Accidents and Course of Employment,” Wake Forest School of Law Continuing Education (2003)
  • Lecturer in various seminars on construction law issues related to the prosecution and defense of lien, bond, and other project claims.