We have discussed the interaction of fraud and breach of contract actions on occasion here at Construction Law Musings. In most cases the two do not mix. Between the economic loss rule and the general desire of Virginia courts to keep contract actions and tort actions separate, most of the time it is impossible to [...]
Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law
Category Archives: Contracts
Be Wary of “Gentlemen’s Agreements” in Construction
For this week’s Guest Post Friday here at Musings, we welcome Melissa Dewey Brumback. Melissa is a litigation partner at Ragsdale Liggett PLLC in Raleigh, North Carolina where she focuses on construction law issues. She maintains a blog for construction professionals called Construction Law in North Carolina. She can be reached at mbrumback@rl-law.com or on Twitter @melissabrumback. [...]
Chinese Drywall Remediation Redux
Earlier here at Musings, I opined that sometimes the old saw about no good deed goes unpunished applies to construction. The subject of that post was litigation in the Eastern District of Virginia federal court between a contractor who reached an informal settlement with certain homeowners relating to Chinese drywall damages. On March 24, 2010, [...]
E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale
We have discussed arbitration clauses at length here at Musings. From the judicious use of these clauses to help resolve disputes to waiver of rights under these clauses through inaction, arbitration clauses permeate the construction landscape. A recent case out of the Western District of Virginia Federal Court adds a new wrinkle to this analysis. [...]
When is an Improvement not an Improvement on a Construction Project?
Today I am back on the legal analysis/interesting case train after a few weeks of getting my new solo practice (thank you to all who have wished me well in this endeavor) up and running and discussing various green building trends and topics. This week’s case discusses the operation of the Virginia construction “statute of [...]
