Legal Question in Civil Litigation in Virginia

I have damage in my condo in Virginia Beach, VA which is a result from a leak from a condo above me. I pursued the owner above me and submitted a warrantin debt through the civil court system. I stated in the claim section the following: "CARMINES HAS PROMISED SINCE 1984 THAT HE WOULD REPAIR WATER DAMAGE FROM HIS UNIT & NOW DAMAGE IS EXTENSIVE". This is such a small area to write the purpose for claims. Mr. Carmines son attempted to repair damage repeatedly to no avail. I spoke with Mr. Carmines recently and hestates he has no intention of repairing the damage. He had an attorney contact me and the attorney office is asking for SPECIAL PLEA OF THE STATUTE OF LIMITATIONS. Am I dead in the water? In the past, I even had repair people request to be allowed up to make the repairs for free. The adult son who resided in the condo at the time refused to allow them in. HELP


Asked on 11/23/10, 12:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The damages for which you seek recovery must have provably occurred within the statute of limitation period for the filing of your particular claim (probably two years). Anything that occurred prior to this time frame would be subject to your opponent's defense of the expiration of such statute of limitations and therefore dismissal by the court.

And, in any event, needless to say, damages which allegedly occurred way back in 1984 would be long past such time that you could legally sustain a claim to recover them.

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Answered on 11/28/10, 1:30 pm


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