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 […]
Using Infrared Technology in Construction Law: Collecting Forensic Evidence and Performing Due Diligence
Originally posted 2016-07-01 09:00:08. For this week’s Guest Post Friday here at Construction Law Musings, we welcome Brian Connolly. Brian (@infraredscans)is a professionally certified Level III Thermographer at IR Services, LLC. My main focus of business is the art and science of commercial infrared thermography including Building & Roof Scan, Energy Audits, Electrical Surveys, and Block […]
Unjust Enrichment and Express Contract Don’t Mix
I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may not […]
Why Settlement is Often Worth Fighting For
Originally posted 2016-02-15 09:00:48. Well, I’m back after what was several weeks of fun, depositions and settlement negotiations. Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule. Thank you to those […]
Happy Holidays from Construction Law Musings
We’re nearing the end of a crazy (to say the least) 2020 and family time is at a premium. Happily, my recent college graduate and her fiance are joining the rest of us (including my college senior) for some Christmas cheer while Musings takes some holiday R & R. I wish you all Happy Holidays […]