Category: Construction

Business of Construction Construction Construction Law

One More Statutory Tweak of Interest to VA Construction Pros

Originally posted 2022-04-13 11:15:19. While I have focussed on the recent “pay if paid” legislation in recent posts, the Virginia General Assembly has taken other action that is of interest to those of us that represent construction professionals in Virginia. One such action is yet another tweak to the so-called “wage theft” statute that essentially […]

ADR Bond Claims Construction Construction Law Contracts

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion.  A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While […]

Business of Construction Construction Construction Law

A Good Examination of Fraud, Contract and Negligence Per Se

Originally posted 2018-02-27 16:36:32. I have spoken on several occasions here at Construction Law Musings about the interplay (or lack thereof) between fraud and contract as it relates to construction in Virginia. The general rule is that fraud and contract claims don’t mix and a fraud claim in the face of a contractual one is […]

Construction Construction Law Contracts

Default, Fraud, and VCPA (Oh My!)

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 […]

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