I’ve discussed the Virginia Consumer Protection Act (VCPA) and the interaction between fraud and contract on numerous occasions here at Construction Law Musings. A recent case from the Eastern District of Virginia District Court discusses this interaction (along with that dreaded default) further. In Bhutta v. DRM Construction Corp., the homeowners, the Bhuttas, sued DRM […]
Sometimes Contractors Collect Without a License (Crawford Construction Revisited)
Originally posted 2012-11-26 09:00:56. Are you all looking for a case where the contractor did just about everything wrong from a documentation and licensing perspective and still got away with it? If so look no farther than Crawford Construction & General Contractors Inc. v. Kemp. This case came up here at Musings once before relating […]
Always Get Your Change Orders in Writing
Originally posted 2013-07-04 10:00:14. I have discussed the necessity of following your well-drafted contract documents and obtaining written change orders on numerous occasions here at Construction Law Musings. Recently, the U. S. District Court for the Eastern District of Virginia in Richmond, VA gave a strong reminder regarding these two business practices for contractors. In Carolina […]
Early Action on Your Construction Contract is Key
Originally posted 2014-09-23 10:59:49. I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this? Doesn’t such consultation help to avoid the problems that seem to make those of us in the […]
Default Should Never Be An Option
Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive response to the allegations […]