Remember how I stated that your construction contract governs the “law” of your business relationship? Remember how (at least as a subcontractor or supplier) the Virginia General Assembly stated that is no longer true in regards to pre-payment contractual mechanic’s lien waivers? Remember that most construction contracts contain a clause or two relating to claims
Here at Construction Law Musings I have discussed the interaction of the so called “economic loss rule,” construction contracts and tort claims on numerous occasions. The general rule is that where a duty to perform in a certain way arises from the contract, the Virginia courts will not allow a plaintiff to turn a contract
The new lead paint regulations are all over the construction news these days. I thought it would be helpful to you, as construction professionals, to put together some of the great analysis, legal thought, and opinion that I have found out here on the internet. Just this past Friday, my good friend Tim Hughes (@vaconstruction)
Be careful with how you act with arbitration clauses in your contracts. If you are not careful in how you act to enforce these clauses, you could find yourself stuck in court whether you like it or not. As I stated in a recent update to a post last month, the Fourth Circuit Court of
If you’ve been reading Musings for any period of time, you’ve read about the fact that in most instances tort (i. e. negligence or fraud) claims and contract claims do not mix. Notice I said rarely. As is usually the case with a blanket statement like the one above, the Courts will tend to come