Originally posted 2019-10-25 10:40:49. If there is one “theme” to Construction Law Musings, those that read regularly hopefully see that I take my role as counselor to construction companies seriously. Aside from the fact that litigation and arbitration are both expensive and not a great way for any business, particularly a construction business, to make […]
Even Fraud in the Inducement is Tough in Construction
Originally posted 2014-06-10 15:38:08. I have discussed how hard it is in the Commonwealth of Virginia to make out a claim for fraud when a construction contract is involved. On limited exception is where a claim for “fraud in the inducement” is involved. Essentially, such a claim states that one party was hoodwinked into entering […]
Construction Contract Basics: Indemnity
I’m back after a welcome change of offices from a Regus location to a separate and more customer-friendly local shared office space location. I thought I’d jump back into posting with a series of construction contract-related posts, the first of which relates to indemnification clauses. An indemnification clause in a contract obligates one party (the […]
AGCVA Annual Convention 2019 Was a Blast!
Originally posted 2019-02-04 09:00:30. This year marks the Centennial of the Associated General Contractors of America and the AGC of Virginia. This year’s conference (held January 24-27, 2019) at a new venue , the Greenbrier in White Sulfer Springs, VA, celebrated that milestone. I have been to many of these over the years and discussed […]
E-Mail Can Waive Arbitration (sometimes)- A Cautionary Tale
Originally posted 2010-12-11 10:00:10. We have discussed arbitration clauses at length here at Musings. From the judicious use of these clauses to help resolve disputes to waiver of rights under these clauses through inaction, arbitration clauses permeate the construction landscape. A recent case out of the Western District of Virginia Federal Court adds a new […]