Thanks to Sean Lintow (@the_htrc) at The HTRC for the opportunity to “muse” on what I’d look for if I were trying to hire someone like me: a construction attorney. I truly appreciate the opportunity, once again, to get my thoughts before another audience. Here’s a bit of a taste of what I had to […]
Did the 4th Circuit “Tarnish” Sustainable Construction in the CBF Case?
About a week ago, the 4th Circuit Court of Appeals reversed and remanded the Chesapeake Bay Foundation’s “parallam” lawsuit. Since that unpublished ruling on procedural grounds, much discussion has ensued. One particularly interesting headline, found at the well respected Greed Building Law Update, states Litigation Over First Ever LEED Platinum Building Tarnishes Green Building. After […]
Be Careful With Construction Fraud Allegations
Here at Construction Law Musings we have discussed the intersection of contracts, construction and fraud on several occasions. We’ve even discussed how such fraud can bleed over from the civil to the criminal. Recently, the Virginia Supreme Court weighed in again on the question of construction fraud and criminal allegations. In O’Connor v. Tice, the […]
No Setoff Between Bonded and Non-Bonded Projects
As any reader of Construction Law Musings knows, payment bond claims are a big part of my law practice. You have also likely read through the federal cases relating to the Miller Act that you can find here. On trend in these federal cases in the Virginia district courts is that determining set off rights […]
In Construction Your Contract May Not Always Preclude a Negligence Claim
Here at Construction Law Musings I have discussed the interaction of the so called “economic loss rule,” construction contracts and tort claims on numerous occasions. The general rule is that where a duty to perform in a certain way arises from the contract, the Virginia courts will not allow a plaintiff to turn a contract […]