Originally posted 2011-01-24 09:00:44. In the last month the Virginia Supreme Court decided two cases that should be of interest to contractors, subcontractors and material suppliers in the world of Virginia construction. In this week’s Construction Law Musings, I will discuss the first, and you can tune in next week to find out my take […]
Reckless Disregard is. . . Well. . .Reckless
Originally posted 2017-12-25 10:00:02. Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the […]
Don’t Breach Your Contract, but If You Do, Don’t Breach First
Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states […]
Happy Thanksgiving from Construction Law Musings
It is that time of year again when I find it appropriate to reflect on the great things in my life. As I sit here with my family on Thanksgiving Day 2025, I have much to be thankful for. I have a thriving construction law practice, great clients, wonderful friends, and of course, the best, […]
Flow Down! What Flow Down?!?!
Originally posted 2013-08-26 09:10:19. Thank goodness for my pal and fellow blogger, Craig Martin (@craigmartin_jd). Whenever I hit a bout of writer’s block, he comes through with a great idea for a post that I am more than ready to play off of here at Construction Law Musings. This time his post is on that […]