Originally posted 2013-04-22 14:58:07. Here at Musings, the contract is king and most of the time, the Virginia state and federal courts will not imply a right of action from a statute that does not specifically create one. Furthermore, as a general rule, contracts are strictly enforced and their terms upheld absent a statute that […]
A Stitch in Time Works in Construction Too!
Originally posted 2011-01-10 17:19:59. As I was reading the great guest post from Nick Pacella last week, the post got me thinking. While Nick’s post focuses on the limiting of architectural services during the course of a project and the possible liabilities created by such limitations, the same sort of analysis applies with attorneys as […]
Proper Notice Can “Accelerate” Your Recovery
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 […]