Originally posted 2013-03-05 10:07:54. I have discussed on prior occasions reasons why construction contractors should incorporate if they had not already. While incorporation is not a total shield against all claims, particularly if a contractor is not careful in keeping up with corporate formalities, forming a corporation or an LLC can provide some liability protection […]
If You Think Only Lawyers Preach a Good Contract
Originally posted 2013-07-30 09:00:41. Here at Construction Law Musings, we always preach that a good contract is the best way to start a project off right. No only do the Virginia courts enforce these contracts to a “T,” a well drafted contract can and does set the expectations for both sides so that those wonderful […]
The Occasional Gap Between “Truth” and “Proof”
Originally posted 2012-07-09 09:00:04. You hear about burden of proof a lot in criminal cases. We hear it on TV and in the news on a regular basis. We hear it so often that it can be easy to forget that proof is a part of every dispute and/or trial, including those in my area […]
Contracts, Liens and Notice
The Virginia Circuit Courts made a couple of interesting rulings published this month that I thought you should know about. They both emphasize the need to carefully read and analyze statutes and contracts. The first, Meeks Disposal Corp. v. Circle South, LLC, comes from the Norfolk Virginia Circuit Court and discusses one of Construction Law […]
In Construction Your Contract May Not Always Preclude a Negligence Claim
Here at Construction Law Musings I have discussed the interaction of the so called “economic loss rule,” construction contracts and tort claims on numerous occasions. The general rule is that where a duty to perform in a certain way arises from the contract, the Virginia courts will not allow a plaintiff to turn a contract […]