Guarantor Owes Rent but not Remodeling Costs

Parties Should Discuss Discovery Issues

By Deborah Elkins
Published: February 25, 2013
Tags: Contract, Judge Clifford R. Weckstein, Salem Circuit Court, Virginia Circuit Courts

In this long-running contract dispute between a homeowner and a home builder, a Salem Circuit Court denies a motion to reconsider and motions to compel and admonishes the lawyers that “ad hominem attacks, bitterness and biting sarcasm upon or about opposing counsel” are not consistent with the standards of professionalism endorsed by the Supreme Court [...]

DSS Wins Fees in Guardian Cases

By Deborah Elkins
Published: January 17, 2013
Tags: Elder Law, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

In light of the Salem Circuit Court’s separate appointments of a guardian and conservator for an elderly husband and wife, after their daughter, a physician licensed in another state, unlawfully dispensed medications to the mother, appeared abusive to her father, and was barred from each parent’s nursing home, the court awards $4,370 in attorney’s fees [...]

Ailing Wife Wins Continued Support

By Deborah Elkins
Published: January 7, 2013
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

In determining spousal support after termination of the parties’ 26-year marriage, a Salem Circuit Court awards wife $2,150 in monthly support, as she is unable to work due to her conditions of lymphoma, diabetes and lupus. Both parties are trying to maintain the standard of living they were accustomed to during marriage. If you take [...]

Unlicensed Contractor Can Enforce Contract

By Deborah Elkins
Published: November 19, 2012
Tags: Contract, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

Although plaintiff builder split his contractor business into two corporations and is still trying to straighten out his licensing issues, his alleged unlicensed status does not void the contract on which he is suing to collect $385,000 in extras on defendants’ custom-built home, and the Salem Circuit Court denies the homeowner’s motion for partial summary [...]

‘Good Faith’ Saves Search for Tools

By Deborah Elkins
Published: September 10, 2012
Tags: Judge Robert P. Doherty Jr., Salem Circuit Court, Search & Seizure, Virginia Circuit Courts

A search warrant for power tools, copper and accelerants was not supported by an affidavit that recounted facts such as a convicted felon’s recent delivery to the residence and his purchase of a possible accelerant, but the Salem Circuit Court applies the good faith exception and denies defendant’s motion to suppress. The affidavit indicated power [...]

Lateral Land Support is Ongoing Duty

By Deborah Elkins
Published: June 7, 2012
Tags: Judge Robert P. Doherty Jr., Real Estate, Salem Circuit Court, Virginia Circuit Courts

Although a landowner’s initial claim about an adjacent landowner’s failure to provide lateral support may have originated more than five years ago, with a prior owner, the duty to provide lateral support is ongoing and a Salem Circuit Court judge declines to dismiss plaintiff’s suit on the ground of laches. Reminiscent of an earlier plea [...]

No Credit for Post-Separation House Payments

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A Salem Circuit Court says husband is not entitled to credit for making post-separation mortgage payments on the marital home occupied by wife, because the parties agreed he would continue such payments in lieu of a pendente lite hearing for determination of temporary spousal support and debt payments; also, the court declines to credit against [...]

Wife Owes Support for Seven Children

By Deborah Elkins
Published: December 1, 2011
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A couple who, for religious reasons, home-schooled their seven children and depended solely on husband’s income as an engineer, are ordered by the Salem Circuit Court to divide the marital share of the home, which husband still occupies with the children, to give wife $93,197 for 69 percent of the marital share after husband refinances [...]

Builder Did Work Without Change Orders

By Deborah Elkins
Published: October 4, 2011
Tags: Contract, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

A Salem Circuit Court says a contractor who did not require written change orders as he built a $1.3 million home for defendant owners cannot now rely on explicit contract language that required written change orders to get payment for an additional $605,694 worth of work, including a retaining wall, turret windows, an outdoor entertainment [...]