Pesner | Kawamoto | Conway resolves disputes.  Our partners have more than 15 years of litigation experience in state and federal courts.  We are licensed in Virginia and the District of Columbia.  We have handled a variety of commercial matters, from a suit against a large local developer and its Richmond lending institution for rescission of fifty real estate sales contracts, to a suit in the Shenandoah Valley defending an employee from allegations of a conspiracy to loot a company of its intellectual property and trade secrets, to simple residential landlord-tenant matters.  We like to say that most of our cases involve dirt, not that they are necessarily “dirty” but that they involve real estate.  Most litigation is actually resolved through negotiations or mediation.  In Virginia, most cases are resolved within one year.  We have substantial experience resolving cases through mediation, and feel that this is a great remedy for many clients because it saves attorney’s fees.  Many of our construction cases are resolved through arbitration.
            We value just results for our clients.  We consult with them to define their objectives early in the representation, providing an analysis of their potential remedies and associated risks and benefits.  We usually give the client a budget of anticipated litigation expenses based on our years of experience litigating such matters.  Without exception, all of our clients have written engagement agreements establishing the expectations of the parties.  Since most of our clients are individuals, we are mindful that cost is a significant factor in the representation.  Work is delegated to associates and staff who competently handle matters at lower rates.  We utilize state of the art case management programs to prevent duplication and inefficiency.  In addition, we use NetDocments.Com for some of our document management needs; this online program allows clients to view and collaborate concerning their documents via an on-line secure access.

Here is an outline of our litigation practice:

Construction Litigation
 Mechanics’ liens, arbitration, breach of construction contract, warranties, delay damages, defective and non-conforming work, building code violations, septic systems

 Fraud
Predatory lending, unlicensed construction work, Virginia Consumer Protection Act, misrepresentations concerning condition of property or professional qualifications

 

Real Estate Sales Contracts
Earnest money deposits, suits for damages, specific performance, breach of warranties, new home sales contracts, condo disputes, Interstate Land Sales Full Disclosure Act

 Business Litigation
Covenants not to compete, breach of fiduciary duty, conspiracy to injure trade, property or occupation of another, unfair competition, conversion, partnership accountings, closely held corporations

Property Law
Title disputes, home owner association disputes, establishment of easements, partition actions, equitable accountings, equitable liens, buy-out agreement between co-owners, judicial sales

 Eminent Domain
Condemnations involving cities, counties and other condemning authorities

Creditors’ Rights
Enforcement of judgment liens, foreclosures, debtor interrogatories, levies, garnishments, pre-judgment attachments

Malpractice
Real estate agents, settlement agents, settlement attorneys, inspectors, contractors, engineers

 Estate Litigation
Removal of fiduciaries, accountings, claims against estates and heirs