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.

Construction Contracts

Continue reading “Builders and Owners: Have your residential construction contract reviewed before you sign it”

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.

Continue reading “Neighbor Law: Tips for Avoiding Boundary Line Disputes”

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

DOG Street Pub, the former SunTrust Bank

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

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.

Continue reading “Eminent Domain is on the Virginia State Ballot for 2012”

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.