Non-Compete Agreement Signed in Asset Purchase

Recently, a Virginia-based individual was going through an asset purchase for another person’s business. Originally, this individual didn’t intend on retaining a lawyer of their own; instead, they trusted that the other party’s counsel would be sufficient. However, the client fortunately decided to cover all his bases and contacted attorney Rick Derrico.

During meetings with his client, attorney Derrico discovered that the asset purchase did not include a non-compete agreement. This meant that the seller could conceivably open a similar business with all of the buyer’s possible customers. While it was eventually revealed that the other party intended to turn almost everything over in the sale to the new business owner, they did want to retain one large contract. This point was disputed between the two parties, and attorney Derrico negotiated on his client’s behalf. After discussions between those involved, everything in the asset purchase – the large contract included – went to attorney Derrico’s clients, and a non-compete agreement was signed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Full Recovery for Damages Caused by an Unlicensed Contractor

Every homeowner understands the desire to save money on repairs or renovations. But people need to be cautious because frugality can sometimes lead to hiring unscrupulous or unqualified individuals and when mistakes are made, it can create considerable expense and stress. In these times, you may be unsure of how to proceed or what recourse you may have, but there is always hope and you should consult with an experienced lawyer to find your next step.

Recently, a Virginia homeowner wanted to have a grading issue corrected in their backyard and retained the services of an unlicensed contractor. During the process, the contractor used some heavy duty machinery which was operated too close to the house, resulting in a cracked foundation. This extensive level of damage caused the homeowner a great deal of inconvenience, time, and money, before finally being repaired by an engineering firm for approximately $20,000. The homeowner understandably wanted to hold the responsible party liable and decided to speak with the Roanoke attorney with Copenhaver, Ellett & Derrico.

Attorney Rick Derrico took the homeowner’s case and began the process of filing a lawsuit against this unlicensed contractor. Complications arose when it was alleged that the damage was not caused by the machine and was, in fact, a preexisting condition. By utilizing his extensive experience with construction and business lawsuits, attorney Derrico knew that this issue needed to be settled by an expert witness. While this is not something most individuals can do on their own, attorney Derrico accomplished it through his firm’s considerable resources and expansive network of relationships.

By providing compelling testimony and evidence that the damage was caused by the equipment’s inappropriate use, attorney Derrico’s clients were awarded a full recovery for the cost of their repairs, the expert analysis, attorney fees, and a refund for the amount they originally paid the unlicensed contractor. Ultimately, and due in large part to the quality representation attorney Derrico provided, the homeowners were fortunately given the opportunity to be made financially whole and were able to move forward having learned to always hire reputable and experienced attorney and contractors.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Man’s Trust Executed with Personalized Attention

As an experienced legal professional, Roanoke attorney Rick Derrico will usually tell you that carrying out your final wishes through an estate plan is best handled by a close family member or friend. This individual is typically someone who knows you well and how you would want certain affairs managed after passing away. However, sometimes this is not an available option for everyone and in these cases, it may be beneficial to consider a reliable family lawyer with whom you have built a strong rapport over the years to act on your behalf.

For example, when a woman, who had been a long-standing client of Rick Derrico came to Copenhaver, Ellett & Derrico to discuss options for her adult son’s long-term care, he was happy to help.While her son was highly functioning, a psychological condition prevented him from working, though he could live independently. Understandably, she wanted to ensure that he would be properly looked after when she was gone. At the time, this woman’s considerable assets were being managed by a bank acting as the fiduciary, but it was important that her son’s future affairs be handled by a familiar face, not an anonymous bank employee. So, in accordance with her wishes, attorney Derrico established a new Trust, where he was named as trustee for the man’s financial well-being.

Attorney Derrico did not take this responsibility lightly and after the woman passed, he made it a strong point to be accessible, whenever necessary. This included paying any recurring bills on his new client’s behalf and managing several household affairs. From office visits about financial matters to changing the occasional light bulb, attorney Derrico worked earnestly to meet his fiduciary responsibilities in addition to the personal commitment he made to his mother. Through executing these duties, attorney Derrico developed a close relationship with the man and by choosing a dedicated attorney, his family can rest assured their estate and most importantly their son are properly looked after.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Retainer Proves Effective for Business Owner

Business professionals often seek the guidance of trusted attorney for numerous reasons and in all different scenarios. However, a major concern for these individuals and especially for smaller business owners is the cost involved with hiring a lawyer, who might be wary about the cost of basic calls, asking for legal advice. While ongoing costs can be significant, it is critical to remember that not consulting a qualified legal professional can be considerably more expensive. Therefore, it is often prudent for these professionals and business owners to consider placing an experienced attorney on a retainer. Essentially, this is a continuing payment for services to be performed that is intended to ensure the lawyer will represent your legal interests. For example, Roanoke’s Law Firm of Copenhaver, Ellett & Derrico is the designated legal counsel for several businesses, including a local heating and air conditioning service.

While this particular business owner does not always have the need for legal advice or representation, he treats his retainer expense as a form of insurance for a further need. A simple phone call seeking advice does not result in an additional bill. Recently, the man ran into some difficulty collecting a payment from a customer. In an effort to review his available options, he consulted with attorney Rick Derrico, who was able to explain the process of pursuing a mechanic’s lien against the delinquent customer, and discussed the likelihood of its effectiveness. As a result of this proprietor’s forethought, the cost of this consultation, as well as following-up with a legal recourse, has already been covered, saving him time and effort by freeing him to ask for legal advice without worrying about further billing.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Contractor Prevails In Lawsuit With Dissatisfied Customer

For many small business owners, it is quite common to run into difficulties while collecting payments, but matters can become very complicated when customers refuse to pay for the services they received. When this happens, it is best to consult with an experienced attorney who can effectively review the agreed upon terms and will work to get you paid. Recently, a contractor came to the law offices of Roanoke’s Copenhaver, Ellett & Derrico after he completed an extensive construction project, but the customers refused to pay after presenting him with a list of grievances relating to the finished product. The man knew that he performed quality work; therefore, he retained attorney Rick Derrico in an effort to recover the funds that were owed to him.

Mr. Derrico began working for his client by reviewing the contract as well as the work that he performed for the disgruntled customer. Under Mr. Derrico’s representation, they filed a lawsuit to recoup his losses. During the proceedings, Derrico presented testimony from qualified material suppliers and another contractor, whose products were utilized to complete the project. These individuals testified the work was done correctly and up to industry standards. As a result, the client prevailed and he was awarded the full amount owed, in addition to being reimbursed for his attorney fees because the original contract included this provision. The client was pleased to finally be compensated for his hard work, which allowed him to continue operating his business, free of unnecessary financial worry.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.