Comments on: Sometimes Fraud and Construction Contracts Mix http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Fri, 03 Sep 2010 15:02:45 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: hpandpsafety (HP&P Safety, Inc.) http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1601 hpandpsafety (HP&P Safety, Inc.) Thu, 05 Nov 2009 18:33:45 +0000 http://constructionlawva.com/?p=773#comment-1601 <strong>Twitter Comment</strong> <a href="http://twitter.com/hpandpsafety" title="Twitter Comment" rel="nofollow"> <div class="ccimg1" title="hpandpsafety (HP&P Safety, Inc.)" style="float:left;margin-right:10px;padding:0;width:60px;height:60px;"> <img name="cc_image" title="hpandpsafety (HP&P Safety, Inc.)" style="float:left;margin-right:10px;padding:0;width:50px;height:50px;" src="http://purl.org/net/spiurl/hpandpsafety"/> </div> </a> Sometimes Fraud and Construction Contracts Mix [link to post] advice for home-owners and contactors<br /><br /> - <a href="http://chatcatcher.com" target="_blank" rel="nofollow">Posted using Chat Catcher</a> Twitter Comment


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]]> By: matthandal (Matt Handal) http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1559 matthandal (Matt Handal) Wed, 04 Nov 2009 14:17:41 +0000 http://constructionlawva.com/?p=773#comment-1559 <strong>Twitter Comment</strong> <a href="http://twitter.com/matthandal" title="Twitter Comment" rel="nofollow"> <div class="ccimg1" title="matthandal (Matt Handal)" style="float:left;margin-right:10px;padding:0;width:60px;height:60px;"> <img name="cc_image" title="matthandal (Matt Handal)" style="float:left;margin-right:10px;padding:0;width:50px;height:50px;" src="http://purl.org/net/spiurl/matthandal"/> </div> </a> Sometimes Fraud and Construction Contracts Mix [link to post]<br /><br /> - <a href="http://chatcatcher.com" target="_blank" rel="nofollow">Posted using Chat Catcher</a> Twitter Comment


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]]> By: Christopher G. Hill http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1552 Christopher G. Hill Mon, 02 Nov 2009 21:19:44 +0000 http://constructionlawva.com/?p=773#comment-1552 Thanks to everyone for their comments today! .-= Christopher G. Hill´s last blog post ..<a href="http://constructionlawva.com/durrettebradshaw-adds-two-attorneys/" rel="nofollow">DurretteBradshaw Adds Two Attorneys</a> =-. Thanks to everyone for their comments today!
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]]> By: All About Article » Blog Archive » Sometimes Fraud and Construction Contracts Mix | Construction Law … http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1551 All About Article » Blog Archive » Sometimes Fraud and Construction Contracts Mix | Construction Law … Mon, 02 Nov 2009 17:13:48 +0000 http://constructionlawva.com/?p=773#comment-1551 [...] Read : Sometimes Fraud and Construction Contracts Mix | Construction Law … Tags: advertising, construction, contractor, facebook, sometimes-fraud, stumbleupon, tort, [...] [...] Read : Sometimes Fraud and Construction Contracts Mix | Construction Law … Tags: advertising, construction, contractor, facebook, sometimes-fraud, stumbleupon, tort, [...]

]]> By: Christopher G. Hill http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1550 Christopher G. Hill Mon, 02 Nov 2009 16:19:21 +0000 http://constructionlawva.com/?p=773#comment-1550 Thanks as always for your comments Tim. I don't necessarily read the case that default against the company is default against Gerlinger, though it could be that they are the same and both defaulted when Gerlinger did. Like you I can't tell. The best I can tell, it is fraud in the inducement because the Court found that the license issue was the reason for the contract and no contract would have occurred but for the misrepresentation. Of course, when in default, a party has few if any good arguments so this case may just be a one time anomaly. I'll keep up with it as best I can. Thanks as always for your comments Tim. I don’t necessarily read the case that default against the company is default against Gerlinger, though it could be that they are the same and both defaulted when Gerlinger did. Like you I can’t tell.

The best I can tell, it is fraud in the inducement because the Court found that the license issue was the reason for the contract and no contract would have occurred but for the misrepresentation. Of course, when in default, a party has few if any good arguments so this case may just be a one time anomaly. I’ll keep up with it as best I can.

]]> By: Timothy R. Hughes http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1549 Timothy R. Hughes Mon, 02 Nov 2009 16:08:50 +0000 http://constructionlawva.com/?p=773#comment-1549 Too funny, I have not read this case in a while. I had a couple cases against A Home Come True. Do you know if the license argument against the builder was fraud in the inducement? The opinion is unclear. It appears the judge finds in this opinion that he has already ruled against A Home Come True on fraud by default judgment. It also appears the judge holds in this opinion that the default judgment against A Home Come True is automatically binding against Gierlinger. Am I reading this right? If I am reading this right, suffice it to say I think the logic of this opinion is suspect and that folks should not expect this decision to get a lot of persuasive traction, but strangers things have happened. The big take away point for me is that even starting with black letter law (which is rare in Virginia), there are still nooks and crannies to argue, and there is still the ever present chance that two judges may view the world very differently. Definitely a very interesting case and a great post as always Chris!! .-= Timothy R. Hughes´s last blog post ..<a href="http://feeds.lexblog.com/~r/VirginiaRealEstateLandUseConstructionLaw/~3/UYxnaMHogrc/" rel="nofollow">Green, Sustainability and the Need for Third Party Validation</a> =-. Too funny, I have not read this case in a while. I had a couple cases against A Home Come True.

Do you know if the license argument against the builder was fraud in the inducement? The opinion is unclear. It appears the judge finds in this opinion that he has already ruled against A Home Come True on fraud by default judgment. It also appears the judge holds in this opinion that the default judgment against A Home Come True is automatically binding against Gierlinger. Am I reading this right?

If I am reading this right, suffice it to say I think the logic of this opinion is suspect and that folks should not expect this decision to get a lot of persuasive traction, but strangers things have happened.

The big take away point for me is that even starting with black letter law (which is rare in Virginia), there are still nooks and crannies to argue, and there is still the ever present chance that two judges may view the world very differently. Definitely a very interesting case and a great post as always Chris!!
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]]> By: uberVU - social comments http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1548 uberVU - social comments Mon, 02 Nov 2009 15:01:02 +0000 http://constructionlawva.com/?p=773#comment-1548 <strong>Social comments and analytics for this post...</strong> This post was mentioned on Twitter by build2sustain: Sometimes Fraud and Construction Contracts Mix: As I have discussed at Musings on several occasions, the genera.. http://bit.ly/1Hy8vO... Social comments and analytics for this post…

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]]> By: Tweets that mention Sometimes Fraud and Construction Contracts Mix | Construction Law Musings- Richmond, VA -- Topsy.com http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1547 Tweets that mention Sometimes Fraud and Construction Contracts Mix | Construction Law Musings- Richmond, VA -- Topsy.com Mon, 02 Nov 2009 14:34:57 +0000 http://constructionlawva.com/?p=773#comment-1547 [...] This post was mentioned on Twitter by Christopher Hill, Christopher Hill and James Bedell, RRG. RRG said: RT @constructionlaw: RT @BlawgTweets Nu @constructionlaw : Sometimes Fraud and Construction Contracts Mix http://bit.ly/16dyDF [...] [...] This post was mentioned on Twitter by Christopher Hill, Christopher Hill and James Bedell, RRG. RRG said: RT @constructionlaw: RT @BlawgTweets Nu @constructionlaw : Sometimes Fraud and Construction Contracts Mix http://bit.ly/16dyDF [...]

]]> By: build2sustain (James Bedell) http://constructionlawva.com/sometimes-fraud-and-construction-contracts-mix/comment-page-1/#comment-1546 build2sustain (James Bedell) Mon, 02 Nov 2009 13:37:42 +0000 http://constructionlawva.com/?p=773#comment-1546 <strong>Twitter Comment</strong> <a href="http://twitter.com/build2sustain" title="Twitter Comment" rel="nofollow"> <div class="ccimg1" title="build2sustain (James Bedell)" style="float:left;margin-right:10px;padding:0;width:60px;height:60px;"> <img name="cc_image" title="build2sustain (James Bedell)" style="float:left;margin-right:10px;padding:0;width:50px;height:50px;" src="http://purl.org/net/spiurl/build2sustain"/> </div> </a> Sometimes Fraud and Construction Contracts Mix: As I have discussed at Musings on several occasions, the genera.. [link to post]<br /><br /> - <a href="http://chatcatcher.com" target="_blank" rel="nofollow">Posted using Chat Catcher</a> Twitter Comment


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