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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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i am defending a suit by plaintiff to pierce corporate veil,

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i am defending a suit by plaintiff to pierce corporate veil, naming me in a suit in addition to the corporation. it is construction defects suit. the construction started 09/20/2004, final sale of property was 02/05/2005. what case laws would limit the judge to only allowing these dates as the period open for review by the court. more than one would be very helpful. i do not want to give them extended periods beyond that of the construction perior above. will the judge honor this time period and what supports your answer. thank you
Do you understand the basis for piercing the corporate viel?

It's not mandated by a date or any particular time period.

What is the problem with the property?
Customer: replied 5 years ago.
yes i understand the corporate veil and my attorney advises the plaintiff should not be able to pierce the veil as the corporation filed in 05/07/2008 a dissolution of corporation with no assets, no liabilities. the suit was filed in July 2010 against the corporation and myself as an individual. my attorney states they cannot peirce the veil as i did not comingle any funds. the issue is how to confine the court to records only during the period of commencing construction on this property and the sale of the property. what case law will support this position? i do not want to open the corporate records beyond the time frame of construction, ie september 2004 thru sale date of February coe of property.
When did you finish work/construction on the property?

What is wrong with the construction?

That if fraudulent construction - they can pierce the corporate veil although you dissolved the corporation legally, didn't co-mingle assets, followed correct corporate administrion while the company was operational - based on fraud.
Customer: replied 5 years ago.
there was no fraudulent constuction related issues. all was done under county permits, inspected by county and signed off, was inspected by two private licensed inspectors and had no defects. they claim flashing of the deck was done incorrectly. the construction was completed and finaled on 02/05/2005. i was never advised of any defects during the completion period until the suit of 07/2010. with this info what case law will direct the judge to limit the record review to strictly the period of construction, as no other records of mine are available to them due to it having exceeded the 7 year record retention period.
I am not going to research case law on this issue - that legal research engines cost us hourly more than the questions pay.

However, if they can't point to fraud or some seriously defective problem that you knew and hid, that no one was physically injured, and that you maintained the corporations autonomy throughout - they cannot pierce the corporate veil.

I outlined some of the possible reasons a court would allow the corporate veil to be pierced and from your statements and facts presented - they have no ability to do such.

Realize that the burden of proof is upon the plaintiff to present evidence to pierce the corporate veil - that presumptively the corporate veil will not allow pursuit of the membership/shareholders.

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