HERBERT V. (BERT) KELLY, JR.

Biography

An accomplished trial lawyer with 34 years experience, Bert has litigated in circuits across the state, in federal district courts, before the Fourth Circuit Court of Appeals and the Virginia Supreme Court. He has represented both plaintiffs and defendants in a wide range of disputes, including real estate contracts, mechanic's lien and Miller Act claims, products liability/personal injury claims and defense, insurance coverage issues, realtor errors and omissions and pest control inspection.

In real estate matters, Bert has handled thousands of residential settlements, represented borrowers and lenders in commercial transactions from restaurants to shopping centers. Having personally developed residential subdivisions and multi-family apartment projects, he has covered the spectrum in real estate transactions.

Serving on museum, bank, hospital and non-profit boards, Bert is passionate about his commitment to his community. He has chaired a $21 million capital campaign for the Virginia Living Museum, served on boards for the Virginia War Museum, Boy Scouts of America, TowneBank - Peninsula, Peninsula Habitat for Humanity and the Riverside Rehabilitation Institute.

His experience in civil litigation has earned him recognition by his peers as Legal Elite by Virginia Business (www.virginiabusiness.com December 2006) and construction law (December 2007).

Practice Highlights

• Successfully litigated employee disputes against a northern Virginia IT company which asserted computer crimes as a defense - the jury returned the highest verdict in York County's history ($4.2 million 2005)
• Settled a death claim involving a 9 year old asphyxiated by a South Carolina behavioral center counselor ($1.3 million 2006)
• Represented the owner/developer of Jefferson Commons shopping center in a $52 million permanent loan transaction (2005)
• Represented Hampton University in the acquisition of its site for the construction of the Proton Beam Cancer Treatment Facility (2006)
• Represented in excess of 100 realtors in claims for errors and omissions made by buyers and sellers (2000-2009)
• Obtained a $1.2 million arbitration award against real estate developer for fraudulent misrepresentations made to lot purchasers (2008)
• Successfully defended two personal injury suits against property managers alleged to have been negligent in the remediation of mold accumulation (2009)

Educational and Professional Background

• Hampden-Sydney, B.A. (1973)
• Marshall-Wythe School of Law (1976)
• Admitted to practice:
  Virginia Supreme Court (1976)
  United States District Court-Eastern District (1979)
  United States Court of Appeals (4th Circuit 1981)
  United States Supreme Court (1985)

Activities and Affiliations

• Newport News Bar Association, Past President (2009)
• Virginia Bar Association
• Virginia State Bar - Member, Litigation and Real Estate Sections
• Virginia Trial Lawyers Association
• Director, Peninsula Food Bank
• TowneBank-Peninsula Board
• Former Chairman, SouthTrust & Wachovia Bank Peninsula Advisory Boards
• Former Director, Cenit Bank
• Virginia Living Museum - Former President, 1994-1997, Trustee, 1989-2007, Board of Advisors (2008)
• Member, Board of Advisors, Boy Scouts of America (Colonial Council)
• Director, Riverside Hospital - Lifelong Health Board
• Former Director, Virginia War Museum
• Director and Counsel, Peninsula Habitat for Humanity
• Director, Advex Corporation
• Director, Shelter Management Corporation
• Member: Virginia Peninsula Association of Realtors Risk Management Committee Panelist for numerous workshops and seminars addressing realtor duties owed to clients and the public at large
• Author: The Risk of Non-Disclosure addressing a realtor's duty to disclose material facts related to a residential real estate transaction (December 2006)
• Listed:  Legal Elite in Virginia Business upon recognition by his peers in the practice of civil litigation (December 2006), construction law and litigation (December 2007)

Representative Clients

Advex Corporation
Atlantic Title & Escrow Company
Bay Electric Co., Inc.
Century 21 Nachman Realty
Eastern Aluminum Supply of VA, Inc.
Greg Garrett Realty
Hampton University
Judy Boone Realty
National Exterminating Company
Newport News Williamsburg International Airport
Peninsula Habitat for Humanity
Peninsula Home Builders Association
Prudential Towne Realty
RE/MAX Peninsula
Riverside Hospital
Robert R. Brown & Associates
Shelter Management Corp.
TowneBank
W.T. Chapin Insurance
Widewaters Group, Inc.
XL Select Professional