Builders and Owners: Have your residential construction contract reviewed before you sign it

October 30, 2014 on 1:08 pm | In Common Interest Community, Construction litigation, HOA litigation, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation | No Comments

 

Construction litigation has become a time-consuming and expensive area of legal practice. Even in residential construction, attorney and expert fees, and other costs of the lawsuits can rise high into five figures. Unfortunately, in many instances, better planning and attorney review at the beginning may have prevented the bitter litigation that ensued.

Williamsburg Virginia Business Lawyers

Construction Contracts

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Neighbor Law: Tips for Avoiding Boundary Line Disputes

October 30, 2014 on 1:06 pm | In Construction litigation, General Interest, HOA, HOA litigation, John Tarley, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation | No Comments

Few real estate topics cause more disputes between owners than those involving activities at a common boundary. We have reviewed boundary line disputes involving trees that straddle property lines and fences that encroach upon boundary lines.

A recent Portsmouth case highlights another issue relating to boundary lines.

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Zoning and “Adaptive Reuse” – What does that actually mean?

October 30, 2014 on 1:06 pm | In Business Planning, General Interest, Land Use Planning, Real Estate Strategies, Zoning | No Comments
Our Summer Associate for 2012 is Scott Foster, a rising second-year law student at the William & Mary Law School. Weeks before his undergraduate graduation from William & Mary, Scott became the first person ever elected to the Williamsburg City Council, while still a William & Mary studentScott still serves on the City Council while attending law school and working for us. This blog post is Scott’s first for our firm.

While growing up in western Virginia, one of my favorite restaurants was in a converted train depot. On several occasions my parents walked me through the tobacco warehouses in Farmville, Virginia filled with fine furniture and rugs. There was even a bed and breakfast nearby with rooms in a grain silo. Although I did not realize it at the time, these businesses were examples of “adaptive reuse.”

DOG Street Pub, the former SunTrust Bank

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Fight over beer-pong game covered by insurance?

October 30, 2014 on 1:01 pm | In John Tarley, Real Estate Strategies, State & Federal Litigation | No Comments

It’s an unfortunate fact of life that you may get involved in a lawsuit. If you are at fault in an automobile accident, your auto insurance provides protection. For other types of cases, your homeowners insurance policy can protect you.

Recently our litigation lawyers counseled clients who had been sued. We routinely ask to review their insurance policies. As it turned out, this occurrence was covered by their homeowners policy, saving them tens of thousands of dollars in attorneys’ fees.

This insurance coverage issue was highlighted in a recent Virginia Supreme Court case, Copp v. Nationwide Mutual Insurance Co. In that case, a Virginia Tech student was sued for his actions in a beer-pong game gone bad. His parents thought the costs for his attorneys should be covered by their homeowners policy or their umbrella policy, but Nationwide Mutual declined. On appeal, the Virginia Supreme Court held that because the student alleged he was “trying to protect person or property” when he caused bodily injury, “Nationwide has the duty under its umbrella policy to defend.”

You pay for your insurance policy, make sure that you use the coverage you paid for.

Tarley Robinson, PLC, Attorneys and Counsellors at Law

Williamsburg, Virginia

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Eminent Domain is on the Virginia State Ballot for 2012

October 30, 2012 on 7:00 am | In Construction litigation, Land Use Planning, Real Estate Litigation, Real Estate Strategies, Weekly Tweets, Zoning | No Comments

The 2012 Election is right around the corner. In Virginia we have been inundated with political ads for the two presidential candidates, a side-effect to living in a swing state. However, we have not seen any political ads on the proposed Constitutional Amendment on the Virginia Ballot on November 6. This article will discuss the proposed Virginia Constitutional Amendment and hopefully provide you with facts and access to information you need to make your decision next week.

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The 2-Minute Drill – Your (somewhat) Daily Legal Update

January 7, 2011 on 4:16 pm | In Weekly Tweets | No Comments

Tarley's compilation of articles he has been reading about the law

  1. Undefeated and 9-time world champion boxer Floyd Mayweather is being sued by the homeowners association governing his gated community. According to the lawsuit filed by HOA’s attorney, it seems that Floyd has been “threatening the life of a patrol officer, physically accosting a security officer, refusing to provide identity to gate officers.” Among other things, the HOA wants Floyd to stay in his car when he gets to the gate. Seems like good advice.
  2. Continuing with the sports theme, Newport News, Virginia native and former NFL quarterback Aaron Brooks has signed a deal with construction giant Armada Hoffler to develop the Southeast Community of Newport News. Newport News is trying to redevelop the Southeast Community and hopes are that the venture between Armada Hoffler and Brooks will succeed.
  3. Mediation is a good idea, and it’s an even better idea to do it early before extensive litigation expenses are incurred. Some confuse “arbitration” with “mediation” but in mediation, an independent third party mediator helps the parties negotiate a resolution. Just like in negotiations, you control the outcome: neither a mediator nor your attorney can negotiate a resolution without your authorization. A mediator helps facilitate the negotiation, but cannot make decisions or rulings on your case. On the other hand, arbitrations are like trials and arbitrators make decisions like judges.
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