For this week’s post, I am taking a trip to the great Construction Law in North Carolina blog run by a friend and fellow construction attorney, Melissa Brumback (@melissabrumback). Over at her blog, I discuss how to keep construction project problems from turning into money draining litigation. Here’s a taste: While I agree to some […]
The Economic Loss Rule Applies Only to Products Liability Cases, at least in Florida
For this week’s Guest Post Friday here at Construction Law Musings, we welcome a friend and sometime co-presenter Craig Martin. Craig (@craigmartin_jd) is a partner in the law firm of Lamson Dugan and Murray, LLP in Omaha, Nebraska. He has a background and experience in all aspects of construction law. As part of his practice […]
Should a General Contractor Tell a Sub that its Bid is Too Low?
A recent article by my pal, and occasional guest poster, Craig Martin (@craigmartin_jd) asks the question: “Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low?” In his great post on a recent Nebraska decision concludes that the answer is no, so long as the subcontractor had all of the […]
Construction Claims- Who Do You Sue?
So, here you are, a general contractor, subcontractor or supplier and you haven’t been paid. You know you should be paid and are at the end of your rope after what seem like hundreds of demands by phone and e-mail. You’re ready to file a claim and try and get paid. Simple enough, right? Not […]
Sometimes Fraud and Construction Contracts Mix
As I have discussed at Musings on several occasions, the general rule in Virginia is that fraud and construction contracts do not mix. In other words, most of the time, even where a contractor clearly misrepresents the work performed, an owner can only recover in contract, and not for fraud with its potential for punitive […]