I know, you’re probably looking for a punchline, and likely thinking something along the lines of “only a construction attorney would be sitting in his office and come up with such an analogy,” but I really do think it’s a good one. When you are buying a car, you look for priorities. Is the color […]
Do Construction Contracts and Fraud Mix After All?
On several occasions here at Construction Law Musings, I’ve discussed the fact that, with a few exceptions, fraud claims and written construction contract based claims do not mix. One of the exceptions to the so called “economic loss rule” that would seem to preclude both fraud and contract claims in the same lawsuit is where […]
Wow! Five Years Since “Going Solo” With My Construction Practice
It’s hard to believe, but my solo construction practice turns five today. On July 1, 2010, I struck out on my own and it has been a great ride ever since. Since I opened my practice 5 years ago, I have been named to the Virginia Legal Elite each year of my practice, been asked […]
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 […]
Your Contractual Notice/Claim Procedures Matter
Remember how I stated that your construction contract governs the “law” of your business relationship? Remember how (at least as a subcontractor or supplier) the Virginia General Assembly stated that is no longer true in regards to pre-payment contractual mechanic’s lien waivers? Remember that most construction contracts contain a clause or two relating to claims […]