Tag Archives: constructionlaw

Another Exception to Fraud and Contract Don’t Mix

Posted on December 25, 2023 by Christopher G. Hill • 2 Comments

Construction, Construction Law, Contracts

Originally posted 2013-05-27 09:00:37.

Map of Virginia highlighting Loudoun County (Photo credit: Wikipedia)

Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida.

What this means is that as a general rule where any party is supposed to perform under a contract, and fails to do so, the Virginia courts will dismiss a fraud claim out of a desire to avoid turning any breach of contract (read “broken promise”) case into a claim for fraud. As you have likely gathered by the title of this post, there are exceptions. One is a properly plead Virginia Consumer Protection Act (“VCPA”) claim.

Interesting Perspectives on Construction Law from Friends

Posted on October 17, 2023 by Christopher G. Hill • 0 Comments

ADR, Construction, Construction Law, Contracts, Mechanic's Liens

Originally posted 2013-10-23 09:15:47. As I have been in a bit of the throes of writers block here at Musings (hey, it happens), I did what I always do and check the great sources of information in my blog roll and Feedly feeds for any fodder to discuss. In doing so, I ran across two

Thanks to Construction Law in NC

Posted on September 14, 2023 by Christopher G. Hill • 2 Comments

Business of Construction, Construction Law, Guest Post Friday

Originally posted 2012-09-20 12:00:31. I am always grateful for the opportunity to “muse” on other folks blogs. I am particularly grateful to Melissa Brumback (@melissabrumback) for the opportunity to discuss why contractors and subcontractors should “play nicely in the sandbox” at the great Construction Law in North Carolina blog. Here’s an excerpt from the post.

Even Fraud in the Inducement is Tough in Construction

Posted on September 14, 2023 by Christopher G. Hill • 0 Comments

Construction, Construction Law, Contracts

Originally posted 2014-06-10 15:38:08. I have discussed how hard it is in the Commonwealth of Virginia to make out a claim for fraud when a construction contract is involved. On limited exception is where a claim for “fraud in the inducement” is involved. Essentially, such a claim states that one party was hoodwinked into entering

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

Posted on July 20, 2023 by Christopher G. Hill • 2 Comments

ADR, Bond Claims, Construction, Construction Law, Contracts

Originally posted 2014-10-13 09:15:01. I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion. A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the work.” While

About Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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