Pre-Trial Attachment: A Means of Securing Payment before Obtaining Judgment

All too often, a creditor has a monetary claim against a debtor only to discover that the debtor has left the Commonwealth or has removed/disposed of his assets (or is actively marketing them) so as to render collection difficult, more costly or even impossible. Pre-trial attachment is an extraordinary remedy which, in the appropriate circumstances, permits a creditor, via the sheriff, to levy on and possibly seize a debtor’s assets prior to the creditor obtaining a court awarded judgment, thereby preventing the debtor from transferring or concealing the assets.

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Beginning July 1, 2013: A New Requirement For Virginia Mechanic's Liens

Filing a mechanic’s lien appears so simple: filling out and filing in the appropriate court a one-page form memorandum with basic information such as the names of the property owner and the lien claimant, a description of the property to be liened, the type of project and the amount claimed in the lien. Yet, this form is anything but a simple exercise.

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Five Contract Provisions to be Aware of

As a lawyer representing clients in the construction industry, I review a lot of contracts. In my experience all too often clients overlook the "legalese," the "fine print," the "boiler plate," and focus on defining the work scope, pricing, and schedule. These latter items are obviously very important. However, if a dispute arises, what often matters and what judges and arbitrators focus on, is the "legalese," "fine print," and "boiler plate." Here, then, are my TOP FIVE contract provisions to be aware of.

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