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
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 […]
Sometimes Contractors Collect Without a License (Crawford Construction Revisited)
Originally posted 2012-11-26 09:00:56. Are you all looking for a case where the contractor did just about everything wrong from a documentation and licensing perspective and still got away with it? If so look no farther than Crawford Construction & General Contractors Inc. v. Kemp. This case came up here at Musings once before relating […]
Early Action on Your Construction Contract is Key
Originally posted 2014-09-23 10:59:49. I bang the drum of early and frequent consultation with one of us construction attorneys on a regular basis here at Musings and in other places of the “blawgosphere.” Why do I do this? Doesn’t such consultation help to avoid the problems that seem to make those of us in the […]
Why I “Muse” Every Week
Originally posted 2012-02-20 09:00:43. Recently, I’ve gotten numerous questions/comments from friends, clients and potential clients regarding how and why I continue to blog here at Construction Law Musings. My first answer is always that its fun. I know, it seems like a bit more work on top of a busy solo construction law practice. However, […]