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 […]
Incorporation May Not Be a Shield if You’re not Careful
Originally posted 2012-04-24 17:00:18. On at least one occasion here at Construction Law Musings, I have discussed the need to operate your business as a corporation or LLC. The primary reason that I, as a construction attorney, recommend this is for the liability protection against attacks on your personal assets. Proper use of incorporation can […]