Originally posted 2012-07-02 09:00:23. I have discussed the importance of every word in a construction contract on multiple occasions at Construction Law Musings. The United States District Court for the Western District of Virginia recently gave another reminder that one area that can act as a sword or shield in a contract is the language […]
Fraud, the VCPA and Construction Contracts
Originally posted 2014-11-10 09:36:15. I’ve discussed the economic loss rule here at Musings on several occasions. The economic loss rule basically states that where one party assumes a duty based in contract or agreement, the Virginia courts will not allow a claim for breach of that duty to go forward as anything but a contract […]
Another Exception to Fraud and Contract Don’t Mix
Originally posted 2013-05-27 09:00:37. 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 […]
Mechanic’s Liens- Big Exception
Originally posted 2012-11-12 09:00:03. Image via Wikipedia Musings has discussed mechanic’s liens on numerous occasions. As we discussed in earlier posts, the general rule is that a mechanic’s lien jumps to the head of the line of liens when filed. This is true in most instances. In the typical case, a contractor puts up a […]
Aarow Equipment v. Travelers- An Update
Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act. The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if […]