Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge. A recent opinion out of the Alexandria division of the U. S. District Court
As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice. You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights
Remember how I stated that your construction contract governs the “law” of your business relationship? Remember how (at least as a subcontractor or supplier) the Virginia General Assembly stated that is no longer true in regards to pre-payment contractual mechanic’s lien waivers? Remember that most construction contracts contain a clause or two relating to claims
The proper classification of workers by construction companies has been on the radar of the Department of Labor for both the US and Virginia governments for quite a while. While most of the misclassification is innocent and not done to create issues, there have been enough instances of purposeful misclassification of certain workers as independent
The Virginia Bar Association has launched a great construction resource (to read along with Musings of course) for all of you construction attorneys out there. My pals Scott Kowalski and Josh Johnson are the curators and driving force behind the effort.