Thomas Richelo’s Answers

Thomas Richelo

Atlanta Construction / Development Lawyer.

Contributor Level 14
  1. Is my insurance company legally obligated to pay pay property damage claim after I lost at an arbitration hearing?

    Answered over 1 year ago.

    1. Alan Jay Dion
    2. Thomas Richelo
    3. Lidia L. Alperovich
    4. Michael R Crosner
    4 lawyer answers

    I'm surprised that this question hasn't been raised before by you and answered by your lawyer. If the insurance company takes control of the defense, they should be explaining to the insured (you) what happens in various possible trial outcomes. Then again, some insurers defend cases under a "reservation of rights" by which they mean to reserve the right, among other things, to dispute that their insurance covers this particular claim or case. If it isn't clear to you that the insurer...

    5 lawyers agreed with this answer

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  2. Am I entitled to get earnest money back from a lease purchase agreement under these circumstances?

    Answered 8 months ago.

    1. Thomas Richelo
    2. Peter Edward Morgan
    2 lawyer answers

    I just did some research because you cited title 10, not title 44. Title 10 deals with "commerce and trade" and not real estate. 10-1-682 only applies to a lease purchase of "personal property" like a refrigerator, or anything that is not "real property" (also known as real estate). Your post doesn't say whether your lease purchase is real or personal property but your reference to earnest money and posting under "home purchase" suggests that. If so, then unfortunately the provisions...

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  3. Am I legally responsible for "overages" incurred during construction of my home for which I do not have a change order?

    Answered 9 months ago.

    1. Thomas Richelo
    2. Michael L. Chapman
    3. Kevin M. Veler
    3 lawyer answers

    Your situation is, unfortunately, quite common in residential construction. I am handling a case right now where a contractor told an owner of a long list of "extras" that were only identified as such after the work was long done, and even after the contractor filed a lien and lawsuit. An experienced construction attorney will know a number of ways to defend these cases based on what the contract says, what an affidavit or waiver says, and the circumstances of the project. A major problem...

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  4. I was seriously injured from an explosion at work. Company's workman's comp is in effect. Can I still do a civil suit?

    Answered 9 months ago.

    1. Ashley Anne Digiulio
    2. Alfred Fargione
    3. Thomas Richelo
    4. Robert R. Pagniello
    5. Nicholas Dale Benzine
    5 lawyer answers

    You should look for an attorney who does workers' compensation and personal injury work. In general, workers' compensation is an insurance-based system that sets up compensation for work-related injuries where your direct employer's insurer is generally paying. When such coverage applies, you may not also sue the employer. But in many workers' comp cases there is some party who is partly or totally at fault who is not your direct employer and who may be susceptible to a civil lawsuit. Your...

    4 lawyers agreed with this answer

  5. Georgia attorney - real estate listed for sale after lis pendens and affidavit of interest lien field on property

    Answered 10 months ago.

    1. Thomas Richelo
    2. Kevin M. Veler
    3. Scott Benjamin Riddle
    3 lawyer answers

    You already have two good answers. What I'll add is to point out that if you paid $3,00 for an appraisal we must be talking about commercial property. If you are buying commercial property, the law will generally be less sympathetic to you than in the case of you being a "consumer" purchasing a residence. That is, you have an extensive due diligence responsibility. The failure to disclose a lis pendens sounds pretty material but you ought to have a real estate attorney advise you...

    4 lawyers agreed with this answer

  6. How do I stop insurance company from adding others to policy?

    Answered 10 months ago.

    1. Thomas Richelo
    2. Christian K. Lassen II
    3. David J. McCormick
    3 lawyer answers

    This isn't a legal issue, it's an administrative issue. If Progressive will not do what its customer wants, the customer should go elsewhere. Has your Mom threatened to change insurers? Asked to speak to a supervisor? Documented her written requests to keep your sister off the policy and the company's failure to follow her instructions? These are things to try if not done already.

    4 lawyers agreed with this answer

  7. I settled my case which was about slipping on a parking lot stripe at Wafflehouse. I went to arbitration which lasted all day.

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Michael Stephen Wilensky
    3. Thomas Richelo
    4. Christian K. Lassen II
    5. Robert Bruce Kopelson
    6. ···
    6 lawyer answers

    Marlene, Many clients are unhappy with the final result in their case. A few comments: Your narrative says you "settled", which if literally true means the arbitrator did not make a decision, it was an agree settlement. Before an attorney advises you to take a settlement, you and he should go over the dollars and how they will be allocated; you should know exactly what you will net before you say "Yes," to a certain deal. Sometimes the itemization of where the money goes helps with the...

    4 lawyers agreed with this answer

  8. What is the statute of limitation on a civil case dismissed without prejudice?

    Answered 6 months ago.

    1. Thomas Richelo
    2. Adrienne Page Hobbs
    3. William Henry Charbonneau IV
    3 lawyer answers

    YOU HAVE TWO PRIOR ANSWERS AND THEY ARE BOTH AS WRONG AS THEY COULD BE! BELOW IS OCGA Section 9-2-61: (a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to...

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  9. My tenant vacated my condo and broke the lease contract. What are my options?

    Answered 9 months ago.

    1. Thomas Richelo
    2. Paul Cipriano Balassa
    2 lawyer answers

    Yes you can sue on this and if you get a judgment you can garnish. But as noted your best move is to try to get another tenant. Your lease may give you extra remedies as well, such as attorneys' fees. The FMLA should not be impairing her duty to pay rent but it may be a clue that she is financially strapped. A lot of the financial analysis of whether to pursue her depends on how much the rent was monthly, how much she earns and other factors. If she is taking care of grandfather, does...

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  10. Can a tree service company in Georgia file a mechanic's lien?

    Answered 10 months ago.

    1. Thomas Richelo
    2. Scott Benjamin Riddle
    3. Golnar Sargeant
    4. Alan James Brinkmeier
    4 lawyer answers

    When you post on Avvo and get attorney answers it is sometimes important to consider whether the response came from a Georgia attorney. Ignore answers that suggest in effect, you can't lien a tree; a tree is part of a piece of real property (real estate) and I think your work amounts to improving real estate, thus "lien eligible." On the other hand, advise to go ahead and lien for the full amount is also improper because you have waited too long. All of that said, the best avenue for you...

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