Originally posted 2021-02-03 11:07:05.

Here at Construction Law Musings, I have discussed the general rule in Virginia that tort and contract do not mix.  I have also discussed a few narrow exceptions.  A Virginia Supreme Court case from October of 2019 lays out both sides of this issue in one glorious opinion.

In Tingler v. Graystone Homes, Inc., a summary of the facts and lawsuit(s) are as follows:  Water leaks developed after the home was built. Graystone’s post-construction efforts to repair the leaks and remediate mold were unsuccessful. The Tinglers and their children abandoned the home after developing mold-related medical problems.  The Tinglers and their children sued Graystone in tort for personal injury, property damage, and economic loss. In other litigation that will not be discussed in this post, but that is described in the opinion linked above, Belle Meade sued Graystone in contract for property damage and economic losses. George and Crystal Tingler filed a separate complaint alleging the same contract claims.

In regard to the tort claims, the circuit court sustained a demurrer by Graystone Homes based upon the source of duty rule.  The circuit court held that all of the claims arose from Graystone Homes’ allegedly poor contract performance and therefore the tort claims must be dismissed.  Needless to say, the Tinglers appealed this ruling.  Continue Reading