The Fairfax, Virginia Circuit Court recently reminded us all of how strictly the Virginia courts will read an insurance policy or contract. In Dent v. Allstate Indemnity Co., the court looked at a homeowners policy and whether coverage existed for a flooded basement. The key language was found in the Virginia Water Damage endorsement and […]
Guest Post on Construction Contract Do’s and Dont’s
I have met many great people since beginning my journey at Musings. Some are listed in my interview with Amy Derby (@amyderby) and others are just too numerous to mention. One of the great people and resources that I have met is Matt Handal (@matthandal on twitter). He has been kind enough to allow me […]
Green Expectations are Key to a Successful Construction Project
I have talked a lot about LEED and sustainable building here at Construction Law Musings. Recently, Constructor Magazine ran an article about “Green Expectations” that caught my eye. While we (and I include the great guest posts on the subject) have discussed the risks and possible future litigation relating to LEED and sustainable building, the […]
Construction Contracts, Fiduciary Duty and Fraud
I have discussed the interplay between the economic loss rule, fraud and construction contracts on many occasions here at Construction Law Musings. You may ask why the consistent drumbeat? The answer lies in the fact that we attorneys tend to try and think of creative ways to avoid the economic loss rule when contractors act […]
Sometimes Construction Can Turn Criminal
I have discussed the fact that an action for civil fraud is almost impossible to maintain in the Commonwealth of Virginia. However, a recent case from the Commonwealth of Virginia Court of Appeals reminds us all that in some circumstances the Virginia General Assembly has seen fit to make certain actions by contractors will open […]