Richard L. Carr, Jr.
As a director with Auman, Mahan & Furry, Richard Carr focuses his practice on representation of business clients in planning, transactions and litigation. His clients include numerous closely held businesses in such diverse fields as manufacturing, software, construction and real estate. His practice typically involves the development of contracts and disputes regarding contracts.
While he regularly litigates business matters in court, Richard takes pride in resolving commercial disputes without resorting to litigation. His business clients include manufacturing companies, medical practices, financial services, businesses and retailers. His construction clients include general contractors, subcontractors and material suppliers. Richard’s technology clients include software developers and inventors.
Contract Formation and Disputes
Every business and individual enters into and carries out contracts every day. Contracts can be based upon verbal agreements, written agreements, or a collection of conflicting documents which have been exchanged among parties. Identifying areas of dispute early and developing strategies to deal with them is critical. Richard works with clients to develop sound contracts and resolving disputes regarding contracts.
Frequently, businesses will have situations that result in litigation in the form of arbitration or in-court litigation. Richard believes in early exploration of all available information and analysis of strategy prior to the commencement of litigation and continual re-evaluation through the litigation process. Most often, attorney negotiations and/or mediation will be employed to resolve disputes. Wherever mediation is proceeding, possible litigation must be evaluated, planned for and ready to proceed if mediation fails. If litigation occurs, Richard assists clients in the litigation process to seek their desired outcomes.
Construction Lien and Litigation
Construction, on a good day, is organized combat. There are many lines of possible contract disputes: owner to general, general to sub, sub to sub-sub, all of those parties with respect to labor, all of those parties with respect to engineering, and all of those parties with respect to governmental actors. When disputes take place on construction projects, all parties must always be ready to secure their claims through liens or detention of public funds and/or bond claims. As with general litigation, mediation and litigation go hand-in-hand to seek reasonable resolutions of this variety of contracting disputes.
Businesses need to be continually adapting and adjusting to their environment, including planning for changes in business circumstances, changes in ownership, and perhaps the changes in the objectives of the business owners. Structuring business to limit liability and maximize profitability are always chief concerns. Richard works closely with the accounting and tax resources of existing clients to create and execute strategies for business success.
Trusts and Will Contests
Richard has litigated trusts and will contests. Sometimes individuals who either lack full capacity or have limited capacity, are taken advantage of by those around them. In those situations, a purported trust or will may, in fact, be the product of someone else’s desires rather than the desires of the person who supposedly signed the documents. Similarly, situations may arise where persons who are not satisfied with a grantor’s statement of intent attempt to recklessly challenge a will or trust. Familiarity with Ohio law on these points and the willingness to litigate these matters is critical in seeing these situations resolved.
Presentations and Memberships
Richard has given presentations for the National Frame Builders Association, the Midwest Insulation Contractors Association, the Great Lakes Trenchless Association, the Ohio Roofing Contractors Association, the Ohio Plumbing, Heating and Cooling Contractors Association, the Ohio Chapter of the National Utilities Contractors Association, the Dayton Chapter of the American Subcontractors Association and the Construction Section of the Ohio State Bar Association.
He is a member of the Construction Finance Management Association, The Federalist Society and the State of Ohio and Dayton Bar Associations.
Richard graduated Phi Beta Kappa from Michigan State University and received his law degree from Boston College Law School.