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Responding to or Bringing a Lawsuit

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, 23218 Phone (804.775.3100) Fax (804.775.3800) www.lawmh.com. Defending Against Suit. Federal or State Court ?

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Responding to or Bringing a Lawsuit

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  1. 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, 23218 Phone (804.775.3100) Fax (804.775.3800) www.lawmh.com

  2. Defending Against Suit

  3. Federal or State Court ? Determine exactly how you were served. Review the documents. Call your lawyer and/or insurance company quickly- deadlines are running! Initial “Service” of the Lawsuit

  4. Who Will File Suit? • Customers/Clients • Subcontractors • Property Owner/General Contractor • Other third parties (employees, consumers, etc.)

  5. Contract Tort Fraud Warranty/Strict Liability Review Identified Causes of Action

  6. 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”

  7. 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”

  8. 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

  9. Bringing Suit or Enforcing Your Rights

  10. Mechanic’s Lien Contract Quantum Meruit Indemnity/Contribution Tort Surety Bond Fraud Analyze Remedies/Claims

  11. 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. Mechanic’s Liens

  12. Damages Analysis (Plaintiff or Defendant)

  13. 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 Measure and Type

  14. Questions?

  15. Patricia A.C. McCullagh, Esq. McCandlish Holton, P.C. 1111 East Main Street Richmond, VA 23219 http://www.lawmh.com (804) 775-3100 (phone) (804) 775-3800 (fax) Thank you!

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