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$5,075,000 Judgment for Breach of Contract

March 20, 2017, attorneys Matthew Bryant and Henry Parr Jr obtained a $5.075 million judgment against the defendants in a breach of contract lawsuit. Summary judgment was ruled upon by a superior court judge in Forsyth County, North Carolina.

The case arose when the defendant received a judgment in the federal court in D.C. against the Canadian government. The defendant had arranged a contract with the Canadian government to lease three cruise ships as floating hotels for the Royal Canadian Mounted Police during the 2010 Vancouver Winter Olympics.

In order to win the Canadian bid, the defendants needed an irrevocable letter of credit for 10% of their bid amount to show financial ability for their proposal. The defendants approached the plaintiff six days before the proposal was due. The plaintiff provided the letter of credit for the defendants. The defendants then took the letter of credit in Winston-Salem, flew to Seattle, then drove to Canada to deliver with their proposal. In return for providing the letter of credit, the plaintiff would be compensated pursuant to a letter of intent between the parties.

The defendants won the bid. At that point the defendants tried to re-negotiate the agreement with the plaintiff.

The defendants ultimately sued the Canadian government and reached a settlement for $17,000,000 with Canada in December of 2014.

Then the defendants refused to pay the plaintiff per the agreement. Plaintiff filed suit for breach of contract. During discovery a motion to compel was ordered for the defendants to deliver documents, particularly emails. The defendants appealed the order. The Court of Appeals upheld the order.

A summary judgment order granted plaintiff his claims on liability and damages in the $5.075 million. The defendants appealed again. During the appeal, plaintiff pursued post judgment collection against the defendant LLC and individual defendants in North Carolina, Georgia, and Washington state.

Ultimately, an amount satisfactory to the plaintiff was obtained, resolving the case.

[tags: collection attorneys North Carolina]


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