Heather is a partner, focusing on complex commercial litigation, bonding and surety law, business and corporate law and construction law. She routinely advises national surety companies and local and international corporations on matters ranging from construction contract defaults to breaches of employment agreements, and from indemnity lawsuits to corporate fraud and embezzlement. Heather has extensive experience representing clients in both state and federal courts, as well as in commercial arbitration proceedings.

Recent Work

• Successfully defended and defeated a $4 million breach of contract and delay claim asserted by a general contractor against a North Carolina glass and glazing subcontractor regarding the construction of a $47 million military base medical/hospital construction project, involving multiple parties, sureties and experts
• Won the full subcontract balance sought on behalf of a subcontractor against a general contractor and its surety in a commercial arbitration, including all costs, attorneys’ fees and interest and successfully defeated claims for breach of contract and delay
• During the middle of a two week jury trial, settled claims for money owed on behalf of a general contractor on five commercial projects against a developer/owner and defeated claims for fraud and unfair and deceptive trade practices
• Won a verdict of +$5 million in a suit for corporate fraud/embezzlement on behalf of an international manufacturing company headquartered in Moore County, including service of process through the Hague Convention on residents of the U.K., taking depositions in the U.K., and cooperating with local counsel in the U.K.
• Defended minority drywall contractor and its surety under a $800,000 performance bond claim on the construction of a multi-million dollar state agency facility in Raleigh
• Attached the proceeds of a home sale in N.C. by a foreign citizen, obtained a judgment, and secured sale proceeds in satisfaction of a prior judgment
• Negotiated and drafted documents for the purchase of dental practice assets for $565,000, including lease review and negotiation, and modification of restrictive covenants and covenant not to compete from prior employer
• Successfully handled indemnity claim against plumbing company on behalf of national surety for performance bond claims on a multi-million dollar hotel project for an international hotel chain
• Settled for $50,000 a bankruptcy adversary proceeding for multi-million dollar claim against co-owner of a construction company
• Settled for $20,000 a bankruptcy adversary proceeding claim for +$290,000 against former owner of construction company, to avoid transfers under Sections 544(b) and 548(a) of the Bankruptcy Code
• Handled $261,000 stock purchase of minority interest in a dental practice
• Closed $12 million refinance of commercial real estate development in Raleigh on behalf of developer/owner

Personal

COMMUNITY INVOLVEMENT:

Wake Women Attorneys – Board of Directors member

Wake County Bar Association – member

North Carolina Association of Women Attorneys – member Judicial Endorsement Committee

Raleigh Chamber of Commerce – member

Leesville Road Elementary School PTA – Board of Directors, Corporate Sponsorship

Junior League of Durham and Orange Counties – former member

North Carolina Museum of Art – member of the Contemporaries

Duke University’s Nasher Museum of Art – member of the Young Affiliates

Council on International Educational Exchange – international volunteer, San Marzano Oliveto, Italy and Dresden, Germany

A FEW PASSIONS:

Travel, a good book, the arts, my family