As we enter the month of December, thoughts of the holidays start to enter our heads. Holiday music, shopping, smiles and a warm fire tend to take one’s thoughts away from business and toward family. What could go wrong during this chilly, somewhat hectic, but joyful time of year? I hate to be a Grinch, […]
Talking Hiring a Construction Attorney at the HTRC
Thanks to Sean Lintow (@the_htrc) at The HTRC for the opportunity to “muse” on what I’d look for if I were trying to hire someone like me: a construction attorney. I truly appreciate the opportunity, once again, to get my thoughts before another audience. Here’s a bit of a taste of what I had to […]
Did the 4th Circuit “Tarnish” Sustainable Construction in the CBF Case?
About a week ago, the 4th Circuit Court of Appeals reversed and remanded the Chesapeake Bay Foundation’s “parallam” lawsuit. Since that unpublished ruling on procedural grounds, much discussion has ensued. One particularly interesting headline, found at the well respected Greed Building Law Update, states Litigation Over First Ever LEED Platinum Building Tarnishes Green Building. After […]
A Relatively Small Exception to Fraud and Contract Don’t Mix
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 […]
No Setoff Between Bonded and Non-Bonded Projects
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 […]