Presentation on theme: "Responding to or Bringing a Lawsuit Presented by: Patricia A.C. McCullagh, Esq. McCandlish Holton, P.C., 1111 E. Main Street, P.O. Box 796 Richmond, VA,"— Presentation transcript:
Responding to or Bringing a Lawsuit Presented by: Patricia A.C. McCullagh, Esq. McCandlish Holton, P.C., 1111 E. Main Street, P.O. Box 796 Richmond, VA, Phone ( ) Fax ( )
Defending Against Suit
Initial “Service” of the Lawsuit Federal or State Court ? Determine exactly how you were served. Review the documents. Call your lawyer and/or insurance company quickly- deadlines are running!
Who Will File Suit? Customers/Clients Subcontractors Property Owner/General Contractor Other third parties (employees, consumers, etc.)
Statute of Limitations Injury to person- 2 years Injury to property- 5 years Breach of verbal contract- 3 years Breach of written contract- 5 years Fraud- 2 years Watch for accrual issues! Statute of Repose Evaluate Potential “Defenses”
Contract Exculpatory Clauses Pay when Paid Clauses Limitation of Liability Clauses Waiver Mitigation of Damages Estoppel Tort Contributory Negligence Intervening and Superseding Causes Economic Loss Doctrine Spearin Doctrine Workers’ Compensation remedies Fraud Pled with particularity? Truly a misrepresentation when made? Evaluate Potential “Defenses”
Look at all types- general liability, auto, errors & omissions. Review these policies not just when suit comes in, but also when an event occurs. Review what is covered. Review the exclusions “Work Product” exclusion. “Your work” exclusion. Intentional Tort exclusion. Evaluate allocation when multiple polices are triggered. Review Your Insurance Policies
Mechanic’s Liens Who can file? When must you file? Against what can you file? Notice. Benefits of mechanic’s liens? Follow Va. Code Section 43-1 et seq. strictly. Enforcement.
Damages Analysis (Plaintiff or Defendant)
Measure and Type Review contract for limitations General contract damages Economic loss Consequential damages Delay and disruption damages Measure of damages to real property Attorneys’ fees Interest Punitive damages Consumer Protection Act
Thank you! Patricia A.C. McCullagh, Esq. McCandlish Holton, P.C East Main Street Richmond, VA (804) (phone) (804) (fax)