Breach of Contract

• Arbitrated breach of contract claims by the seller of a Membership Interest Purchase Agreement against the buyer regarding the development of a solar energy generating facility.
• Mediated dispute between parties in a solar energy development involving multiple breaches of contract involving a Membership Interest Purchase Agreement relating to a number of solar project development companies.
• Arbitrated claim brought by solar energy customer regarding effectiveness of solar power battery system.
• Arbitrated claims relating to certain software solutions provided under a statement of work with non-payment by respondent.
• Mediated dispute between medical practice with workers compensation patients and medical records and billing software provider with allegations that vendor had promised automated completion of patient information into an electronic medical records platform using a “smart form” which was never achieved leading to breach of contract, fraud and gross negligence allegations due to excessive costs caused by the need for manual entries, with limitation of liability clause issue.
• Arbitrated three separate breach of tax and accounting services agreement claims for unpaid professional services fees relating to three different clients’ eligibility for Employee Retention Credits.
• Arbitrated two separate breach of contract claims by medical spa treatment service provider against two customers regarding unpaid service fees.
• Mediated sales dispute between a vineyard and winery regarding several deliveries spanning several seasons, with the vineyard seeking an agricultural lien upon finished deliveries of wine bottles to distributors, stores and restaurants.
• Mediated dispute involving a hemp growing and processing agreement with competing breach allegations regarding the growth of the plants and the processing of the hemp.
• Arbitrated two separate disputes concerning breaches of contract by customers of uniform services supplier.
• Arbitrated a dispute between transportation providers and dispatch firm over disputed payments.
• Arbitrated a dispute between a solar panel manufacturer/distributor and solar power plant construction firm over penalty payments for delayed deliveries.
• Arbitrated a dispute between ammunition suppliers and distributors regarding deviation from specifications on products leading to significant pricing differences.
• Arbitrated a dispute between a solar power plant developer and a solar power plant producer over pricing terms on multiple projects and whether the developer would become the EPC contractor on several projects.
• Arbitrated a dispute between a table stakes provider and online payment processor over whether the business involved unlawful interstate gambling.
• Arbitrated a matter between a veterinary services customer and communications services provider based on alleged faulty installation of a fiber optic phone and Internet system and failure to resolve subsequent Internet failures and pay off Claimant’s existing phone system lease as agreed.
• Mediated matter where plaintiff sued for breach of contract for failure to pay licensing fees on encryption key software on a crypto-securities exchange platform. Defendant alleges that the program was buggy and never worked properly and would not load onto iPhones or Android phones.
• Mediated contract action by equipment rental company for unpaid rental amounts against the officers and directors of a bankrupt construction company, based on alleged guaranties. One former officer-director sought indemnification from the others arising from the sale of his interests.
• Mediated dispute between a buyer and seller over purchase agreement for business assets that was signed on 11/1/19 and ended when a bank denied an SBA loan application in July 2020 during the COVID-19 pandemic . The parties disputed what caused the delays in the loan application process pushing it deeper into the pandemic downturn. The parties were disputing who should receive the escrow funds that were subject to a liquidated damages clause.
• Mediated action where a purchaser of a home asserts claims against seller arising from disclosures in purchase and sale agreement for fraud and breach of contract based on failure to disclose that a large 100 square foot detached garage was built without a permit and within a setback area from next door property. The town required the buyer to demolish the building and buyers plan to rebuild it outside of the setback, seeking recovery of demolition and construction costs.
• Mediated a series of collection claims by a printing company against 5 related newspapers for unpaid printing invoices. The defendants cross claimed for breach of contract, fraud and concealment.
• Mediated contract action by a contractor seeking final payment on construction work from owner-operators on a limited liability company on an alter ego theory of liability.
• Mediated matter where two engineers formed an oral partnership to design and build blade server accessory parts for a computer company. After several years they tentatively agreed to part ways and terminate the partnership but disagreed on dissolution terms and also filed claims against each other for breach of contract and fiduciary duty.
• Mediated contract action by plumbing contractor for unpaid amounts on plumbing work. General contractor alleged that plumber agreed to do the plumbing work for a fixed price and billed for a substantially larger amount and did not complete the plumbing work, for which homeowner hired a replacement contractor to finish the work and required the general contractor to pay for it.
• Mediated matter where produce wholesaler sued two restaurants and their owner for failure to pay bills, resulting in breach of contract and account stated claim
• Mediated action where employer sued office bookkeeper for embezzlement and failure to pay off a loan from her employer on a company automobile she purchased.
• Mediated action arising from a purchase and sale agreement involving two adjacent office buildings with varying ownership wherein one of the owners allegedly represented that she had power of attorney for her husband who lived overseas. The purchaser made a substantial escrow deposit and thereafter the husband objected to the sale, leading to a litigation for specific performance and seeking damages for breach of contract, intentional misrepresentations and fraudulent inducement.
• Mediated a wedding event cancellation after full payment of the event fees that was postponed several times during the COVID 19 pandemic, after which the wedding celebration took place at another venue, and the bride and groom sought a full refund.
• Mediated a residential real estate purchase and sale agreement non-disclosure matter where several areas of construction without permits were not disclosed. The buyers contended that the value of the real estate received was less than the purchase price. The sellers contended that there were 30 offers on the property lead to any increase in price and that buyers mitigated when they sold the property with disclosures at a price at the top of the market.
• Arbitrated two separate disputes between attorneys and their clients based on non-payment of attorneys’ fees and costs arising from prior litigation matters.
• Mediated matter where plaintiff vehicle owner filed under the Song-Beverly Consumer Warranty Act for continuous problems relating to HVAC, exterior, electrical system and interior issues relating to leak problems in the panoramic sunroof
• Mediated a dispute arising from a real estate purchase and sale agreement for a commercial land parcel. The buyers tried to cancel, but the buyers made the first of two deposits and then failed to make the second deposit or complete the transaction. The buyers requested an open-ended extension while they closed another sale, but the buyers declined.
• Mediated construction contract litigation in which a subcontractor walked off a multi-unit apartment complex renovation when general contractor fell behind in payments. Subcontractor sought payment for work performed while general sought damages for replacement subcontractor work and delay damages.
• Mediated breach of contract claim brought by sports coach based on deductions from termination without cause payment sum due to new employment, allegedly violating prior representations.
• Mediated family business and corporate governance dispute among various family members over management of freight delivery and broker businesses as well as breach of contract concerning sale of shares by father.
• Mediated a Marvin type contract claim by a longtime girlfriend of a married man who allegedly made promises that he intended to convey to her certain residential real estate.
• Mediated contract dispute arising from alleged oral contract to purchase auto insurance on a vintage auto, never placed nor confirmed, after the auto was destroyed in a fire sixteen months later.
• Mediated breach of contract, bailment, negligence claims arising from fire damage to plumbing truck, causing business interruption, damage to plumbing tools, and loss of use of the vehicle damages.
• Mediated breach of contract and concealment claim arising from purchase of a manufacturing facility in San Jose with alleged non-disclosure and concealment of status of certain large Asian customers and failure to disclose prior conviction of the seller.
• Mediated contract dispute between creative advertising and social media company retail food company relating to retainer payments for marketing campaign, unreimbursed production costs and travel expenses.
• Mediated breach of contract and promissory estoppel claims arising from terminated sale of restaurant business causing detrimental reliance damages to purchaser.
• Mediated breach of contract and money paid claims by auto floor financing lender against auto dealers on auto loans and loan for rent.
• Mediated breach of contract arising from plaintiffs’ loan to defendant of approximately $300,000 to fund two investment opportunities which were unsuccessful and caused the loan to go into default with principal and interest due.
• Mediated contract action by vendor against property manager and office building owner. The owner disputed whether it had consented to the services as allegedly required by the property management agreement. The defendants also disputed whether the vendor could sue the principal and the agent at the same time.
• Mediated implied contract and ejectment claim by one domestic partner against another seeking 50% ownership of residential property based on financial contribution to the purchase, when title to the property was in the names of the other partner and his parent.
• Mediated breach of contract and fraud claim arising when plaintiff’s Dodge Viper race car developed clutch problems and was damaged after defendant replaced the engine. Plaintiff sought damages for loss of use over 425 days.
• Mediated contract dispute where plaintiff sued defendants for malicious prosecution arising from previously dismissed prior contract and negligence action; defendant cross complained for negligent delay in producing architect and engineering plans for reconstruction of building damaged by fire, and elder abuse.
• Mediated consignment dispute involving an artist who had consigned several pieces of art to a gallery for sale. Two pieces were damaged and claimant sought the fair market value of the pieces, while the gallery offered the agreed upon commission to the artist.
• Handled a breach of contract and fraud matter between a U.S. subsidiary of a Chinese solar panel manufacturer and an infrastructure lender relating to the development, construction and sale of two solar power plants for $18 million, with the dispute focused on the validity and meaning of a post purchase price adjustment formula tied to Libor.
• Handled a breach of contract matter between a cardiologist and a manufacturer of a CT scanner that was not producing images of sufficient quality to be used for diagnostic purposes, with competing claims of product defect and improper usage and training of the operators, with $3 million in damages.
• Handled a breach of contract matter between an inventor of new direct emulsion plate technology and a startup technology company concerning breach and rescission of an Intellectual Property Purchase and Sale Agreement.
• Handled a matter involving an oil refiner charged with breach of contract, fraud, racketeering, negligent misrepresentation and improper procurement of information relating to a bid to design and construct a facility to recover hydrogen sulfide from a refinery.
• Handled a matter involving the sale of mineral processing equipment, involving competing claims of breach of contract and fraud, negligent misrepresentation and breach of warranty.
• Mediated an investment dispute arising from an oral joint venture to develop a retail meat market, which failed to lack of sufficient funding, leading to claims of breach of contract, unjust enrichment, conversion and fraud.
• Mediated a business divorce case arising from a failed restaurant venture leading to competing claims of breach of contract, breach of fiduciary duty, fraud, conversion, embezzlement and theft.
• Mediated a dispute between two partners regarding a breach of contract and accounting for costs and distribution of profits arising from residential purchase, renovation and sale.
• Mediated an investment dispute where plaintiff alleged that defendants were the agents of a promoter, convicted later, who breached contracts and defrauded plaintiffs into making loans to him, allegedly secured by automobile titles, when in fact they were not and the funds were thereafter stolen.