Originally posted 2017-12-01 12:30:43. The title of this post may seem obvious. Of course you need to name the right people. “Why even write about this?” you may ask yourself. The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious. One […]
Thanks to All for My 9th Straight Super Lawyers Election
It is with humility and a sense of accomplishment that I announce that I have been selected for the ninth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2025. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As […]
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 […]
Addressing Safety on the Construction Site
Originally posted 2017-09-25 15:59:36. For this week’s Construction Law Musings Guest Post, we welcome a new face, Patrick Rafferty. Patrick (@ThePraff) is a consultant for Brahman Systems and has an interest in construction safety. First of all, I’d like to say that I am not an attorney. Anything I say in this article should be […]
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 […]