Commercial Litigation.
The Law Offices of Timothy D. Ducar, PLC is where you should turn to when you have
exhausted all avenues for solving your business disputes amicably. We understand that by the time that you resort to looking for an attorney, that you have had enough. You are either owed money that should have been paid weeks or months prior, or you have been served with a lawsuit you believe is lacking merit. Either way, you need immediate, effective legal assistance.
When clients retain the firm to initiate legal action, we typically file a Complaint in court within two business days. We then actively move the lawsuit through the court process as quickly as possible. If defending, we make certain that our clients are protected at all times.
Examples of business disputes that the firm undertakes include:
Breaches of Contract.
The term breach of contract is very broad, and includes any
time a company or a person enters into an agreement to do something and that
company or party does not live up to that agreement. Sometimes, there may be a
good reason for this, and sometimes, there may not be. At the Law Offices if
Timothy D. Ducar, PLC, we handle all types of contract disputes, applying the
facts of our clients’ particular situation to the law that applies, and they providing
our clients clear advice on their rights. If litigation is necessary, we will initiate or
defend our clients aggressively.
Employment Agreements.
At the Law Offices of Timothy D. Ducar, PLC, we analyze and litigate employment agreements. Often, these employment agreements will include Non-Compete clauses. At the Law Offices of Timothy D.
Ducar, PLC, we closely analyze Non-Compete clauses to determine the chances of whether they will be upheld. This also includes the payment of commissions.
Vehicle Purchase Agreements.
At the Law Offices of Timothy D. Ducar, PLC, we litigate agreements to purchase heavy construction equipment (for example, frontend loaders), airplanes, motorhomes and cars.
Franchise Agreements.
At the Law Offices of Timothy D. Ducar, PLC, we analyze and litigate franchises agreements. We analyze the validity of the agreements and then litigate their validity, when necessary.
Rental Agreements.
At the Law Offices of Timothy D. Ducar, PLC, we litigate rental agreements of all types, from real property (houses), billboards, and rent-to-own agreements.
Crop Agreements.
We also litigate disputes between growers and purchasers of crops.
Piracy Matters.
At times, an owner of a restaurant may display a pay-per-view sporting event in his or her restaurant without paying the licensing fee for the broadcast. At the Law Offices of Timothy D. Ducar, PLC, we have defended numerous restaurants, and their owners, in lawsuits brought by the owners of these licenses, in which the license owner had demanded hundreds of thousands of dollars in royalty fees.
Receivers.
Mr. Ducar has agreed to act as a Receiver of businesses, and well as
filed paperwork in Court to have requests for others to be appointed as Receivers
approved.
Collections.
After a Judgment is entered in your favor, the next step is to collect and get paid. The Law Offices of Timothy D. Ducar, PLC is adept at collecting Judgments so that you can finally get paid for your hard work. We utilize tools to find assets and them take steps to seize them. Different remedies that they undertake include:
Judgment Debtor Exams.
We take the deposition of the person who owes you money, or the person who is associated with the entity that owes you money, to find assets, including money, to seize to give to you.
Bank Garnishments.
We obtain court orders to have money removed from the
bank accounts of the person or entity who owes you money to give to you.
Wage Garnishments.
We obtain court orders to garnish the wages of the person
who owes you money to give to you.
Execution.
We send the Sherriff to the person or entity who owes you money to seize their assets, including their land or buildings, auction them, and to give you the proceeds.
Charging Order.
We can obtain a court order stating that an interest in a limited liability company that is owned by the person who owes you money is transferred to you.
Fraudulent Conveyance.
We can obtain a court order stating that a transfer of property or money by someone who owes you money to a third party is invalid because it is an attempt to avoid creditors, like you, and have the property or money returned and/or seized to give to you.
Construction.
The Law Offices of Timothy D. Ducar, PLC has focused on all issues that can arise on a
construction project. If you are a project owner, general contractor, subcontractor or
material supplier, we have the knowledge to help with any issue that may arise. Mr.
Ducar and the attorneys whom work with him are experienced in handling and resolving:
Arizona Registrar of Registrar of Contractors Matters.
If you are a contractor with a complaint against it through the Arizona Registrar of Contractors, you must make certain that the matter is handled correctly or you jeopardize losing your livelihood. If you are the complaining party, you probably have been harmed by a contractor who needs to be held accountable. If you are a homeowner who has been harmed by a contractor, you may be entitled to payment from the contractor’s residential license bond or from the Registrar’s Recovery Fund. Regardless of the issue, we are able to represent you. And because the Arizona Registrar of Contractors is continually updating its processes and mind set, you need an attorney who is current with the state of affairs with the Arizona Registrar of Contractors. The attorneys at the Law Office of Timothy D. Ducar, PLC keep up with the Registrar’s changes to the Registrar’s current policies and mind set to make certain they can most effectively protect your rights.
ADOSH Issues.
If you are a contractor that has been cited by The Arizona Department of Occupational Safety and Health (“ADOSH”), you may haveexposure to penalties that can cripple your business. The attorneys with The Law Offices at Timothy D. Ducar, PLC can defend your business from these citations. The results that Mr. Ducar has obtained in defending ADOSH citations have provided results substantially more favorably than the penalties initially imposed by ADOSH.
Mechanic’s Liens.
Often, there is no better way to get someone’s attention than to foreclose on their residence or their commercial building. The attorneys at The Law Office of Timothy D. Ducar, PLC regularly foreclose on mechanic’s liens, which either cause the property owner or the contractor to pay, or cause the property to be sold, with the proceeds given to you. Either way, we can execute on this powerful remedy to get you paid.
Payment Bonds.
Payment bond claims are ways to get you paid from a bonding company that has hundreds of millions of dollars to pay out on valid claims. Your valid payment bond claim is often easy to get paid. Also, when we make a claim upon a payment bond, it will affect the ability of a contractor to get bonding in the future, and the contractor will ultimately owe the bonding company reimbursement for the funds it paid out. As a result, payment bonds are not only powerful remedies, but get the attention of the contractor.
Arizona Residential License Bond.
You may be entitled to payment directly from the Arizona Registrar of Contractors. We often make claims against contractors’ license bonds, receiving payouts of funds directly from the bonding company of the contractor, to give the funds to you.
Arizona Recovery Fund.
If you are a homeowner harmed by a contractor, you may be entitled to payment directly from the Arizona Registrar of Contractors for the value of the damage caused by the contractor. We prosecute these types of claims as well.
Real Estate Matters.
The Law Offices of Timothy D. Ducar, PLC is where to get your real property issues
solved. Some of the issued we handle, and have handled, are as follows:
Quiet Title Matters
At times, who owns property become an issue that needs to be resolved legally. Or, a dispute arises over a boundary line. A Quiet Title Action is a lawsuit that requests a Court to determine who owns particular piece of property. At The Law Offices of Timothy D. Ducar, PLC, we file those types of lawsuits, thereby obtaining an order as to who owns clear title to our clients’ property.
Easements and Easements Disputes.
An easement is one person’s right to use a portion of another’s land for a particular purpose. At The Law Offices of Timothy D. Ducar, PLC, we assist in writing, and recording, easements. We litigate easement issues, specifically, whether an easements exists and, if so, who is entitled to use it. One unusual type of easement we litigate is a view easement. A view easement is the right to have one’s view not become obstructed by a nearby structure that is being built.
Nuisance
A nuisance is a claim that one person is using land in a manner that is so bothersome to another that a court should order it should be stopped. At The Law Offices of Timothy D. Ducar, PLC, we litigate water intrusion claims (a claim that water from one piece of property flowed to another, causing structural damage to the second). We litigate barking dog cases (a claim that a dog bark so much that it destroys the right of a next-door neighbor to enjoy her property).
Water Well Disputes
Water wells are common in outlying areas. At The Law Offices of Timothy D. Ducar, PLC, we write water well agreements and fight over them when issues arise. Your real estate issue will be aggressively and effectively handled by the attorneys at The Law Offices of Timothy D. Ducar, PLC.
Subrogation/Property Damage. The Law Offices of Timothy D. Ducar aggressively
collects money from people who have damaged others’ property. Often, the firm’s client is an insurance
company, but the client may be someone whose property has been damaged. We collect the money that is due from the person who caused the damage.