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Construction Contracts for Property Owners

We can help you draft or review a construction contract. Our experience includes both drafting/reviewing and litigating contracts. By approaching both aspects of the contract (creating the contract and taking it apart) we are able to counsel you regarding pitfalls we have seen.

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Business Transactions

Business transactions include the following: an asset purchase of a business; a purchase of a percentage membership interest in an LLC or stock in a corporation both of which are purchases of assets subject to liabilities; the division of a partnership or LLC where each partner or member is allocated his or her assets and liabilities; and a merger of two business entities. Business transactions can also be the acquisition or sale of commercial real estate, sometimes subject to a tax free exchange...

Purchasing or Selling a Business

In today’s world, most purchases and sales of businesses are of business assets, not stock, and it becomes imperative to know exactly what the business assets are. It is also important to know if the assets have been pledged as collateral for a loan, and whether they are owned by the business or leased by the business. Three recent problems come to mind with respect to the value of the business assets....

Why Hire a Real Estate Attorney

If you plan to purchase real estate in Virginia, you should do your due diligence before you close on the property and you should hire a real estate attorney. Absent outright fraud, sellers are not required to disclose, for example, an ongoing disagreement with a neighbor over the use or location of an easement, or a disagreement over a fence on the neighbor’s property. Nor are the sellers required to volunteer that the field next to the property was just sold to a developer...

Contract Mistakes: "It Looks Legitimate"

Yes, you should always have your attorney review a contract to purchase a business or real estate or a lease before you sign the document. Most legal problems that come to me are the result of a poorly drafted or one-sided document. Legitimacy is only one concern; just because “an attorney” drafted a document does not mean that it serves your interests, unless the drafting attorney was your attorney. Your attorney will look out for your interests...

Mechanic's Liens Against Real Estate

A mechanic’s lien is established and governed by Virginia statutes. They protect contractors and subcontractors who have not been paid for their services and provide specific steps for contractors and subcontractors to file a lien against the real estate they added value to...

Is someone you know involved in a family dispute after a parent has died? Over a Will? Family land? A family business? In legal terms, these are probate disputes. The usual trigger for a probate dispute is an unmet expectation of one or more of the beneficiaries...

Partition suits are filed when multiple owners of real estate cannot agree as to the sale or division of the property. Partition suits are frequently used as a method of settling the division of real estate among beneficiaries of an estate who cannot agree...

A closely held business, especially a family business, needs a succession plan. A succession plan should be part of an overall business plan, just like profit and loss projections, product and marketing plans. Questions such as: Who will take over when the owner retires? Will the business be sold? To a co-owner? To an outsider? Who are the possible buyers? When will the business be sold? All of these questions need to be addressed...

Mediation is a useful tool in a lawyer’s arsenal to settle disputes. I recently took part in mediation involving three parties and their attorneys (of which I was one) using a mediator (a retired Virginia judge) to facilitate the process...

I recently took over a landlord/tenant case representing the landlord with substantial damage to the property when the tenant left. The landlord had drafted the lease using a document he found online. When we reviewed his evidence, I discovered the following weaknesses...

I recently defended a client in an equine litigation matter. The complaint provided veterinarians’ names and some radiographs; however, there were substantial gaps in the pattern of the information provided...

A client recently retained me to take over a lawsuit that had already been filed. After reviewing the documents and meeting with the client, it became apparent that the client didn’t realize that he would have to testify at trial in order to have his photographs and other exhibits admitted into evidence. The client was adamant about not wanting to testify and be cross-examined...

I was contacted recently by a client who had signed a Contract of Purchase for a property in the country (i.e. outside of city limits). She was devastated to learn that the internet available was inadequate for her very demanding job. Nevertheless, the Seller insisted that she perform under the terms of the Contract of Purchase...

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