Originally posted 2023-01-17 15:48:19. Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this […]
Don’t Be the First One to Breach Your Construction Contract
It has been a while since I made a substantive post here at Construction Law Musings. Things have been a bit busy here at the firm and at home (graduations, 31st anniversary, etc.) but I plan to get back on the horse and keep the posts going more consistently. Today’s post is, as you may […]
A Good Read on Fraud versus Contract
Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in […]
Don’t Leave Retainage on the Table
Originally posted 2013-04-22 14:58:07. Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that […]
Top Five General Tips for All Construction Contracts
Originally posted 2012-11-09 12:30:29. For this week’s Guest Post Friday here at Musings we welcome Spencer Wiegard. Spencer is a Partner with Gentry Locke Rakes & Moore, LLP. He is a member of the firm’s Construction Law and Commercial Litigation practice groups. Spencer focuses his practice in the areas of construction law and construction litigation. […]