Practice Areas

Construction Law - Estate Planning - Environmental Law - Real Estate - Personal Injury

Construction Law

Tim Walerius understands the construction industry. Tim's personal experience includes work as a painter, laborer, environmental consultant, and an engineer in the automotive industry. He has seen first-hand the complications that can arise if issues are not addressed in a timely manner.

Tim has represented private owners, general contractors, specialty contractors, design professionals, and suppliers involved in construction projects that have varied in size and scope.

The construction and home remodeling businesses are complex -- you may not be sure you have a case. Click here to learn more. Call Tim today at 419-241-2300 and let us help you evaluate your situation whether you are a homeowner, contractor, or attorney seeking assistance for this particular issue.

We have helped clients in the following areas of construction law:

• General Litigation/Dispute Resolution

• Mechanic's and Materialmen's Liens and Claims

• Assistance with the competitive bidding process and requirements (public projects)

• Claims analysis, defense and prosecution involving the many areas where disputes arise on construction projects including:
  

  • Performance in a workmanlike manner

  • Warranties, express and implied

  • Change order issues

  • Product and System Defects

  • Mechanic's and Materialmen's Liens

  • Failure to Complete on time

  • Cost Overruns

    
    

Estate Planning, Probate & Asset Protection

Your family issues are delicate. The best time to get a review is before you sign any documents……always get a second opinion. You may not be aware of some of the options you can pursue to make this delicate time easier, and with minimal cost. You may be asking yourself...do I plan for today, or 2010---when estate taxes change? If you are not sure, let Tim perform an evaluation for you.

Call Tim at 419-241-2300 for an evaluation and learn how to plan better for your future. Whether you do a little planning or desire long-term major counseling, Tim can help.

Planning services include:

• Asset protection

• Pour-over wills

• Revocable trusts (living trusts)

• Probate –estate administration

• Marital deduction trusts

• Irrevocable life insurance trusts

• Corporations, limited liability companies and family limited partnerships

Environmental Law

Tim has a unique perspective regarding environmental issues. Tim’s background includes an Internship with the Ohio Attorney Generals Office, Environmental Division, industrial experience as a corporate engineer responsible for hazardous waste and wastewater treatment, and experience as an environmental consultant. His undergraduate education in chemistry and engineering is a real asset in dealing with environmental issues.

Environmental regulations at the local, state, and federal level are truly a minefield that must be navigated with great care. One who gets caught up in the bureaucracy, mind numbing requirements, and potential public attention associated with these issues could easily be overwhelmed. Tim has the science background to understand the problem, the legal training to understand the law, and the experience to negotiate effectively with the regulatory individuals. Common issues that may arise include, but are not limited to, the following:

• bring company operations into compliance with local, state, and federal regulatory laws
  
  
• address the issues related to the accidental release of one or more chemicals into the air, water, or on to the ground
  
  
• toxic tort issues related to workers exposed to hazardous chemicals
  
  
• real estate transactions involving environmentally impaired or potentially impaired property
  
  
• issues related to asbestos and lead based paint

Liability under environmental statutes frequently takes current owners or tenants by surprise because they did not deposit hazardous substances on the site, or they knowingly or negligently allowed unsafe conditions to persist on the property. The old saying “Ignorance of the law is no excuse” can be a costly lesson for the property or business owner who fails to comprehend and understand this complex area of the law. Once liability attaches, it can seem limitless, and the costs associated with liability also are virtually limitless.

Having spent many years assisting individuals and businesses in becoming compliant with the law, Tim has the experience negotiating with regulatory agencies to minimize the costs associated with environmental issues. It is almost always true, in environmental cases, that involvement by an attorney early in the matter tends to resolve the matter sooner and with less expense. Do not let a potential environmental issue fester. Call Tim today if you think you may be facing an environmental issue.

Real Estate

People often ask, “Do I really need an attorney when buying or closing on a house or piece of real estate?” My response to this question is: “Do you wear a seat-belt when you drive your car?” The point is if we knew when an accident was about to occur we would know when to wear a seat-belt to protect ourselves. Since we don’t know, we take the precaution and wear a seat-belt all the time.

Purchasing real estate is a lot like driving a car. If everyone follows the law and deals with each other honestly then the likelihood that a problem will occur is greatly reduced. However, we all know this is not the case whether intentional or unintentional.

I also ask people if they are gamblers because, for most of us, purchasing real estate will be one of the largest purchases or investments we will ever make. If you can risk substantial loss or incur substantial expense to correct a problem, then you most likely do not need an attorney involved in the purchase of real estate at all.

Non-gamblers do not like to take such large and unnecessary risks. The cost to employ an attorney compared to the benefits received is one of the best investments available in the market. The possible issues that can arise in a real estate transaction include, but are not limited to, the following:

• Inaccurate, incomplete, or omitted information in the purchase contract
  
  
• Seller or broker misrepresentation or fraud in the transaction
  
  
• Problems with the deed
  
  
• Liens against the property
  
  
• Environmental issues including asbestos, lead-based paint, and underground tanks
  
  
• Boundary, easements, and encroachment issues
  
  
• Issues involving covenants and restrictions
  
  
• Accuracy and necessity of documents at closing

Any of these issues could spell big and costly problems for the individual who proceeds unknowingly. It is better to address these issues before closing when the buyer can factor them into his negotiations of the purchase price or decide not to buy the property.

To address these issues, it is best to introduce attorney involvement as early as possible in the transaction, and Tim will often quote a fixed fee for routine document review and appearance at closing. Use an attorney when buying real estate unless you are a real gambler!

Personal Injury

There are a myriad of tasks to accomplish to obtain a successful result in a personal injury case. First and foremost is education for both the client and the attorney. Education will include things like the injury, the facts relevant to the case, the merits of the case, the realities and frustrations of the litigation process, and the potential for just compensation to name a few. Clients must understand that a recovery in a personal injury lawsuit is limited to money damages, and that the lawsuit will not lessen their anger or teach the defendant or insurance company a lesson.

The Client should be looking for an attorney that the client feels comfortable with.  Tim treats individuals with respect, courtesy, and a willingness to listen. He listens not only to the injured individual but also to their entire family. Tim’s relaxed approach in meeting with clients is unique, and he is often told he is not like any other attorney people have met. When you meet with Tim he is as likely to be in a pair of blue jeans as a suit. However, do not be fooled because he has a methodical, persistent approach with insurance companies, opposing attorneys, and the legal system which gets results.
           

Tim believes that it is important to do everything possible to make the litigation process as easy to understand and as workable for the individual and their family as possible. He keeps individuals informed of all developments, and he also educates people about the discovery process, depositions, and trial. Tim likes to minimize stress and reduce frustration for the client. This is achieved through explanations, good communication, and attention to requests for information. But, it is important to remember that this is a two way street, and the client must perform in the same way to create a team approach for presenting the case.
           

Clients are always concerned about the attorney fee. Tim has a realistic approach that he believes is distinctly different from most other attorneys. It is common for attorneys to work on a contingent fee basis in handling personal injury cases. This means the attorney gets paid a percentage of the judgment amount collected or settlement received regardless of the amount of time spent on the case. This percentage can be as high as 40% in some cases. Tim likes to work on “sliding scale” approach which means he gets paid less if the case does not go to trial or settles early in the negotiation phase of a case. This can result in large savings for the client.
           

If you have been injured in an automobile, truck, or motorcycle accident, you may receive a number of direct mail solicitations, telephone calls, or even visits from attorneys looking to “sign you up” as a client. Tim does not operate this way and believes that this type of  “ambulance chasing” and “high pressure sales tactics” are insensitive to individuals with injuries.

Tim encourages people to speak with a number of attorneys before selecting one who will represent you. As stated above, you should feel comfortable with the attorney you select. Signing on with an attorney who has a reputation of being aggressive, mean, and hard on opposing counsel will likely treat you the same way in a very short period of time. The same is true of those “high volume” offices that take every case that walks through the door. You are soon lost in the piles of files and are reduced to a number on the assembly line of case management. Tim believes in quality not quantity. He will be the first to answer your questions, state why he may or may not be able to assist you, and even recommend other attorneys you may want to call. If you have questions about personal injury, and are interested in hiring an attorney who is willing to save you money, call Tim at 419-241-2300. Find out how pleasant it can be to speak with an attorney who is willing to listen.

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Copyright 2004 Timothy Walerius