When an owner wants to make a construction defect claim in Virginia, there are three factors that need to be considered: liability, damages and source of recovery. Whether an owner is contracting to have minor repair work done on their home, or is...
You've hired a contractor to pour concrete either as a project, or as a part of a larger overall project. In some cases the poured concrete begins to develop cracks. Do these cracks constitute a defect for which the contractor should be liable? The...
In construction disputes, it is not uncommon that one of the parties wants to sue for fraud. A fraud claim has significant advantages over a contract claim in that there is a longer statute of limitations to bring the claim and the damages that can...
There are four primary methods for resolving disputes in the American legal system: (1) trial by judge; (2) trial by jury; (3) arbitration; and (4) mediation. Of these, mediation is probably the least understood.
When an owner hires a contractor to perform construction and the work goes poorly, damages is one of the issues that can be contested. This article by Wolcott Rivers Gates attorney, Barry Dorans, discusses the nuances of what recourse a client has...
Beyond doubt, Erin Andrews was emotionally injured by the conduct of Mr. X when he surreptitiously altered Ms. Andrews’ hotel room door peephole so that he could video her o’natural and then publish the video on the internet. Ms. Andrews was a...
Prior to 2007 under Virginia common law a landowner was typically limited to self- help when a neighbor’s vegetation such as tree roots or branches encroached onto his or her property. The only available remedy was to trim or cut the vegetation to...
The issue of whether a landowner may be liable for an injury to someone that occurs on their property depends on the legal classification of the injured person at the time of the injury. There are three types of visitors that are used in the...