As I’ve stated numerous times here at Musings, in Virginia the contract is king. The courts of Virginia will read a contract as written and where there is a contract (read as foreshadowing), the courts will assume the parties knew what they were doing and enforce it by its terms. However, there has to be […]
Be Careful with Continuous Breach and Statute of Limitations
If you are a construction attorney like me (or anyone that takes cases to court), you deal with statutes of limitation on a daily basis. These statutes seem pretty simple. A party has “X” amount of time in which to file its lawsuit after accural of the cause of action. In a breach of contract […]
Thanks for 12 Years of Confidence and Legal Elite Elections
Thank you, for the 12th year running (and all of my years in solo construction practice), to the Virginia legal community that continues to elect me to the Virginia Business Legal Elite. The 12 years in a row of election to the Legal Elite in the Construction Category spans my time at my prior firm […]
Is Arbitration Always the Answer?
Originally posted 2016-04-19 10:50:36. After a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again. This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The […]
Green Building, Litigation and Risk
Originally posted 2010-12-03 09:00:25. Green Building is all the rage. From the latest version of LEED, LEED 3.0, to discussions of “LEEDigation.” Every level of government wants in on the latest in sustainability. Musings discussed this trend in prior posts relating to Virginia and “green” building and Virginia Business Magazine chimed in as well. This […]