Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Category Archives: Contracts

Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

Remember BAE Systems and Fluor?  This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content.  In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not

Fraud, the VCPA and Construction Contracts

Originally posted 2014-11-10 09:36:15. I’ve discussed the economic loss rule here at Musings on several occasions.  The economic loss rule basically states that where one party assumes a duty based in contract or agreement, the Virginia courts will not allow a claim for breach of that duty to go forward as anything but a contract

Construction Contract Basics: Venue and Choice of Law

Previously in this on-again-off-again series of posts on construction contract basics, I discussed attorney fees provisions and indemnification.  In this installment, the topic at hand is venue and choice of law. As construction professionals (outside of us construction attorneys), you are likely to be focused on things like the scope of work in a construction

Proper Notice Can “Accelerate” Your Recovery

Originally posted 2012-07-02 09:00:23. I have discussed the importance of every word in a construction contract on multiple occasions at Construction Law Musings.  The United States District Court for the Western District of Virginia recently gave another reminder that one area that can act as a sword or shield in a contract is the language

Another Exception to Fraud and Contract Don’t Mix

Originally posted 2013-05-27 09:00:37. Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida. What this means is that as a general rule where any party is supposed to