For this week’s Guest Post Friday here at Musings, we are happy to get appellate lawyer, Jay O’Keeffe‘s perspective on construction cases for a second time. Jay (@jayokeeffe) practices business and appellate litigation with Gentry Locke Rakes & Moore in Roanoke, VA. He can reached at 509-983-9459 or at his blog, De Novo.
I was flattered when Chris asked me to do a guest post at Musings, and I accepted immediately. That was foolish. As I remembered about 12 minutes after signing on, I did a guest post a while back that covered every single thing I know about construction law. It probably took almost 400 words.
So I panicked. But after fretting for a few days, I remembered an interesting contract case from June, Bennett v. Sage Payment Solutions, Inc., that discussed whether a defendant can raise repudiation as a defense to a breach of contract claim after the plaintiff has begun performance. Construction law often involves contracts. This seemed like a useful connection. Therefore, I will share what I have learned.
