Business Litigation Attorney | Virginia

Included in “The Best Lawyers in America” for professional excellence in Commercial Litigation, 2022

Attorneys often list “Commercial Litigation” as one of their practice areas, without further specifying the types of claims that they have handled.

Lawyers themselves are often unable to set forth the totality of “commercial” claims contemplated under this broad category. A commercial dispute might arise out of rights and remedies available at common law, i.e., a claim for damages for breach of contract; or under statutes authorizing a cause of action arising out of a business transaction; or arising out of a combination of common and statutory law, i.e., a claim under the Sherman Act that addressed antitrust complaints, based upon illegal contracts. The combination of common law and statutory claims that could arise out of a business transaction is virtually limitless.

A lawyer who states that he or she practices in the field of Commercial Litigation invokes an expansive and non-informative category of claims. The better approach is for the attorney to identify the types of commercial disputes that he or she handles. The types of commercial cases that Mr. Wilson has either tried, resolved through mediation, or settled, generally involve construction claims, commercial landlord-tenant disputes, lawsuits involving rights in land and real property (including tax appeals and condemnation/eminent domain matters) and every imaginable manner of enforcing contract rights and remedies, when businesses squabble.

Representative Engagements

Construction Contract Disputes

Recognized as one of Virginia’s “Legal Elite” in Construction Law, Mr. Wilson has extensive experience in representing owners, general contractors and sub-contractors, and materialmen/suppliers in numerous and varied construction disputes. He has represented clients in state and federal courts, in arbitration and mediation, and in multi-party negotiations resolving disagreements over workmanship, extra cost, delay, post-completion warranty claims, “Take Over” agreements, and work-outs with banks, sureties, and insurance companies.

Mr. Wilson has litigated Miller Act suits, mechanic’s lien claims, and a multitude of construction contract claims arising under AIA and non-AIA contracts. His clients have been both owners and contractors, engaged in all types of disputes, including claims involving termination and threats of termination, withholding retainage and non-payment, defective workmanship, delay impacts and damages, extra cost claims based on changed conditions or change orders, and handling conflicts between the design, the actual field conditions, and the contractor’s prerogative where appropriate to dictate means and methods.

The types of claims have arisen from most building components, such as roofing, gutters, flashing and windows, leaking and mold growth, PVC piping defects, electrical, plumbing and mechanical systems, suitability of soils, settling foundations, and commercial site work.

Representative cases include:

representing the owner in terminating the general contractor on juvenile facility project involving water damage and mold proliferation;
defending the sub-contractor on a municipal courthouse project for claims of inadequate water-proofing;
defending the general contractor in claims brought by owner of public school involving allegations of delay and defective work;
defending a regional jail owner against delay/extra-cost claims involving soil compaction issues;
defending the owner against claims by an architect for non-payment and design disputes;
representing a shipyard in disputes involving vessel painting and various drydock repair tasks;
representing General Electric in claim brought by cruise ship owner for damage to vessel turbine;
defending Siemens Westinghouse against contractor’s claim involving turbines at power generating facility;
representing parties in bid disputes, including case where tie-bid remedy was a coin toss;
defending commercial swimming pool contractor in defective work suit;
representing contractors and sub-contractors in Government contract disputes, including disputes alleging delay and damage claims, default terminations, and defective workmanship charges;
and prosecuting and defending numerous residential contractual disputes.

By understanding the construction industry and how projects are bid, awarded, contracted, and constructed through completion, by being familiar with construction contracts and how certain standard clauses are interpreted, by knowing the relationships between the participants and their expectations acquired through years of representing different players depending upon the case, and by having the ability to predict and avoid problem areas based on experience in handling a wide variety of construction projects progress, Mr. Wilson recognizes that a construction lawyer is hired to provide solutions, not years of protracted litigation that is costly and distracting. Let him show you the difference that comes with experience.

Mechanic’s Liens— Part of Mr. Wilson construction law practice includes decades of experience representing owners defend against mechanic’s liens, including bonding off liens (both before and after the claimant files the suit to enforce); challenging defective liens using petitions under Virginia Code Section 43-17.1; and litigating lien claims.

Construction Site Damage, Injuries, and Fatalities

Mr. Wilson has also represented insurance companies who insure construction contractors in multi-million dollar property damage and personal injury/death claims. Representative suits included the VCU/Broad Street dormitory fire in Richmond, the Georgetown Library fire, and the Hunters Brooke fire that burned approximately forty homes under construction in Indian Head, Maryland. In addition, he has represented the contractor in on-site crane collapses causing death and extensive property damage, as well as other personal injury claims. Many contractors and suppliers facing a catastrophic claim retain their own counsel for independent advice from the lawyer that the insurance company provides.

Mr. Wilson has experience analyzing coverage under construction insurance policies, and years of direct dealing with insurance adjusters who oversee the claim that can be a bet-the-company situation for you. Retaining knowledgeable counsel is a prudent business practice when facing a claim that may exceed the amount of insurance available. Your initial consultation with Mr. Wilson is free.

Landlord/Tenant Disputes

Mr. Wilson’s practice includes representing commercial landlords in a variety of tenant disputes. He is the co-author of the “Defaults and Remedies” chapter in the Virginia Lawyers Practice Handbook “Landlord Tenant Law and Practice in Virginia,” with almost thirty years representing commercial shopping centers, office and retail complexes, and other commercial landlords.

Although most cases involve reclaiming possession of the leased premises and recovering past amounts owed, Mr. Wilson has also litigated complex CAM disputes, premises liability claims, and other lease defaults. A commercial landlord knows that any delay that allows the non-paying tenant to remain in possession impacts the ability to negotiate with a new tenant. Mr. Wilson understands that navigating through the default process is essential to your rental revenue and, more importantly, understands the procedures on how best to expedite a solution.

Eminent Domain/Condemnation

Mr. Wilson previously represented Verizon in condemnation matters and has also represented landowners whose property is subject to eminent domain proceedings, typically instituted by VDOT or a local government. Being familiar with the procedural twists of this type of litigation, as well as being knowledgeable concerning the central issue of valuation, is critical. Contact Mr. Wilson if your property is being condemned or under threat of condemnation to see if he can help you even the playing field with the condemning authority. Commercial Litigation and Business Contract Claims— As the preceding descriptions illustrate, Mr. Wilson has a diverse practice in commercial litigation, whether involving contracts, real property rights, or both. Throughout his thirty five years of trying cases, the majority of his clients have been involved in commercial disputes. These disputes have been as varied as the nature of the client’s business activities. The litigation process, however, remains the same. Do not wait until it is too late to hire the experienced counsel that you need to guide you toward a resolution.